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THE   GOVERNMENT   OF   IOWA 


THE  GOVERNMENT  OF  IOWA 


BY 
FRANK  EDWARD  HORACK,  A.M.,  Ph.D. 

PROFESSOR  OF  POLITICAL  SCIENCE  IN  THE  STATE  UNIVERSITY  OF  IOWA 


CHARLES  SCRIBNER'S   SONS 

NEW  YORK  CHICAGO  BOSTON 


COPYRIGHT,  1911,  1915,  1921 
BY  CHARLES  SCRIBNER'S  SONS 


...  •    ♦. 


*   » 


3K 


TO  THE  MEMORY  OF  MY  MOTHER 


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321094 


PREFACE. 

In  the  preparation  of  this  book  it  has  not  been  the 
author's  purpose  to  write  an  exhaustive  treatise  on  the 
Constitutional  Law  of  Iowa.  On  the  contrary,  he  has 
aimed  in  these  pages  to  give  a  narrative  and  descriptive 
account  of  the  government  of  Iowa,  divorced  as  far  as  pos- 
sible from  legal  verbiage  and  prosaic  references  to  articles, 
titles,  chapters,  sections,  and  paragraphs  of  Constitution, 
Code,  and  Statutes.  For  the  convenience  of  students  and 
teachers  who  desire  the  exact  wording  of  the  State  Con- 
stitution, the  text  of  that  instrument  has  been  added  in  an 
Appendix. 

The  tendency,  in  recent  years,  of  constitution  makers  to 
limit  the  powers  of  the  legislature  by  incorporating  numer- 
ous and  often  non-essential  subjects  in  the  Constitution 
has  made  many  of  our  State  Constitutions  lengthy  docu- 
ments. Sometimes  we  find  jumbled  up  with  the  outline 
of  the  framework  of  the  government  subjects  which  have 
no  place  in  a  written  Constitution.  Where  such  pro- 
visions occur  in  the  Constitution  of  Iowa,  they  have  fre- 
quently been  passed  over  by  the  author  as  unimportant  in 
the  study  of  Iowa  government.  Moreover,  our  State  Con- 
stitution is  not  altogether  systematic  in  its  arrangement. 

Sometimes  the  same  subject  is  referred  to  in  several  places. 

vii 


Vlil  PREFACE. 

By  the  adoption  of  the  topical  method  it  is  believed 
that  a  more  convenient  arrangement  for  study  has  been 
provided. 

Wherever  statutory  legislation  has  supplemented  con- 
stitutional provisions  herein  considered,  the  author  has 
endeavored  so  far  as  practicable  to  make  use  of  such  ma- 
terial. Some  of  the  newer  institutional  forms  of  democracy 
which  have  recently  been  enacted  into  law,  such  as  the 
primary  election,  the  commission  plan  of  city  government, 
and  the  like,  have  been  included  in  the  discussion.  Statu- 
tory provisions  are,  of  course,  subject  to  change  at  any 
session  of  the  General  Assembly;  and  so,  a  text-book  on 
State  and  local  government  must  always  be  supplemented 
by  legislation  enacted  subsequent  to  its  publication. 

The  purpose  of  the  author  has  been  to  explain  both  the 
organization  and  the  functions  of  government.  Nor  has 
he  hesitated  to  express  freely  his  own  opinions  relative  to 
the  organization  or  activities  of  the  State.  Teachers  and 
students  alike  must  always  bear  in  mind  the  fact  that 
government  in  the  United  States  is  popular  government, 
and  that  changes  in  organization  and  administration  are 
constantly  being  made  to  meet  the  most  recent  demands 
of  the  people.  The  old  notion  that  the  individual  exists 
for  the  State  has  been  discarded:  we  now  say  that  the 
State  exists  for  the  individual.  Government  is  a  very 
human  institution  and  at  every  point  the  human  element 
is  apparent.  It  should  be  the  duty  of  the  teacher  to  instil 
sound  notions  of  public  morality,  to  teach  both  the  spirit 
and  the  letter  of  the  law,  and  to  encourage  the  pupil  to 
observe  for  himself  the  actual  workings  of  government  so 


PREFACE.  ix 

that  he  may  ever  after  take  an  intelligent  and  high-minded 
interest  in  public  affairs. 

The  author  is  especially  indebted  to  Professor  Benjamin 
F.  Shambaugh,  Head  of  the  Department  of  Political  Science 
in  the  State  University  of  Iowa,  for  his  many  valuable 
suggestions  during  the  preparation  of  this  book,  and  for 
his  critical  reading  of  the  entire  manuscript.  Further- 
more, the  Maps  Illustrative  of  the  Boundary  History  of 
Iowa  were  compiled  by  Professor  Shambaugh  in  connection 
with  an  article  written  by  him  for  The  Iowa  Journal  of 
History  and  Politics.  The  maps  are  copyrighted  by  the 
State  Historical  Society  of  Iowa  and  are  reproduced  here 
by  permission  of  the  Society. 

The  plates  for  the  map  showing  the  accessions  of  terri- 
tory from  the  Indians,  made  for  the  Iowa  Census  of  1905, 
were  kindly  loaned  by  Hon.  A.  H.  Davison,  Secretary  of 
the  Executive  Council  of  Iowa.  Professor  John  E.  Brind- 
ley  of  Ames  kindly  read  and  revised  the  chapter  on  tax- 
ation, and  Professor  Forrest  C.  Ensign,  State  High  School 
Inspector,  gave  many  helpful  suggestions  in  reference  to 
our  school  system.  To  Dr.  Dan  E.  Clark,  Assistant  Editor 
for  the  State  Historical  Society  of  Iowa,  I  am  deeply  in- 
debted for  the  excellent  index  to  this  volume,  and  for  his 
careful  and  expert  proof  reading.  To  many  others  who 
have  given  me  encouragement  and  assistance,  I  am  like- 
wise much  indebted. 

FRANK  EDWARD  HORACE. 
The  State  University  of  Iowa, 
Iowa  City,  Iowa, 
1911. 


PREFACE  TO  THE  SECOND  EDITION. 

The  State  of  Iowa  has  generally  been  rated  as  a  con- 
servative commonwealth.  It  has  been  slow  to  undertake 
radical  or  untried  political  experiments,  yet  in  the  ten 
years  which  have  elapsed  since  the  first  edition  of  this  book 
was  printed  a  great  many  important  changes  have  been 
made  in  the  statute  law  of  the  State.  Most  of  these 
changes  have  been  progressive,  but  a  few  have  been  reac- 
tionary. 

The  increase  in  the  cost  of  living  is  reflected  in  the 
increased  cost  of  government,  for  practically  every  official 
and  employee  of  the  State  has  received  a  considerable  ad- 
vance in  compensation  since  the  first  edition  of  this  book 
was  printed. 

In  submitting  a  revised  edition  of  The  Government  of 
Iowa,  the  author  has  not  only  endeavored  to  make  the 
necessary  changes  in  the  original  text  but  he  has  also 
added  much  new  material  of  prime  importance. 

A  new  feature  has  been  introduced  at  the  end  of  each 
chapter  in  the  form  of  select  references  covering  the  sub- 
ject-matter of  the  chapter.  These  references  are  intended 
largely  for  the  teacher,  but  many  of  them  may  also  be 
assigned  to  pupils  for  outside  reading.  These  references 
have  been  taken  chiefly  from  the  publications  of  the  State 


PREFACE.  XI 

Historical  Society  of  Iowa  for  two  reasons:  first,  because 
the  publications  of  the  Society  are  prepared  with  great 
care  and  may  be  relied  upon  as  accurate,  and  second,  be- 
cause their  publications  can  be  found  in  practically  every 

public  library  in  the  State  of  Iowa. 

FRANK  EDWARD  HORACK. 

The  State  University  of  Iowa, 

Iowa  City,  Iowa, 

1921. 


CONTENTS. 


CHAPTER 

I.  The  Land  and  Resources         .... 

II.  Population  and  Ethnic  Elements  . 

III.  Early  History  and  Explorations  . 

IV.  The  Foundations  of  Government  in  Iowa    . 
V.  The  Organic  Act  and  Constitutions  of  Iowa 

VI.  Our  Civil  Rights 

VII.  Suffrage,  Elections,  Party  Machinery 

VIII.  The  Legislative  Department  .... 

IX.  The  House  of  Representatives,  or  Lower  House 

X.  The  Senate,  or  Upper  House 

XL  The  Executive  Department     .... 

XII.  Administrative    Officers,    Boards,    and   Commis 

sions 

XIII.  The  Judicial  Department        .... 

XIV.  The  County  and  its  Government  . 

XV.  The  Civil  Township  and  its  Government 

XVI.  The  Government  of  Cities  and  Towns  . 

XVII.  Amendments  to  the  Constitution  . 

XVIII.  Taxation 

XIX.  Education  and  the  School  System 

XX.  Social  and  Economic  Legislation  . 


Appendix 
Index . 


■The  Constitution  of  Iowa 


PAGE 

I 
6 

13 
22 
26 

35 
43 
53 
62 

7i 
75 

89 
109 
116 
126 
129 
141 
145 
151 
161 

173 
213 


xm 


LIST   OF   MAPS. 


Map  I.     Illustrative  of  Indian  Land  Cessions  in  Iowa 

between  pages  8  and  9 

Map  II.     Illustrative  of  the  Northwest  Territory,  the  Territory  of 

Indiana,  and  the  Territory  of  Michigan        between  pages  18  and  19 

Map  III.     Illustrative  of  the  Boundaries  of  the  Original  Territory 
of  Wisconsin  and  the  Separate  Territory  of  Iowa 

between  pages  20  and  2 1 

Map  IV.     Illustrative  of  the  Lucas  Boundaries  between  pages  28  and  29 

Map  V.     Illustrative  of  the  Nicollet  Boundaries 

between  pages  30  and  31 

Map  VI.     Illustrative  of  the  Date  of  Establishment  and  Present 

Boundaries  of  Counties  in  Iowa     .         .  between  pages  116  and  117 


THE  GOVERNMENT  OF  IOWA. 

CHAPTER  I. 

THE   LAND    AND    RESOURCES. 

The  Physical  Basis  of  Government.  —  Physiography  has 
always  been  an  important  factor  in  moulding  the  character 
of  a  people  and  determining  the  nature  of  their  political 
institutions.  We  may,  therefore,  better  understand  our 
own  State  by  first  considering  its  physical  features  and  its 
material  resources.  Iowa  is  renowned  as  an  agricultural 
and  stock-raising  Commonwealth.  It  lies  in  the  very  heart 
of  the  great  Mississippi  Valley,  a  region  unsurpassed  in 
the  productiveness  of  its  soil.  In  fact,  a  large  part  of  the 
world  looks  to  the  Mississippi  Valley  for  its  necessary  food 
supply. 

The  State  Boundaries.  —  The  State  of  Iowa  stretches 
from  the  majestic  Mississippi  on  the  east  to  the  rapid  Mis- 
souri on  the  west.  It  is  bounded  on  the  north  by  Minne- 
sota, and  on  the  south  by  Missouri.  The  exact  location 
of  the  southern  boundary  line  almost  precipitated  an  armed 
conflict  between  Iowa,  which  was  then  a  Territory,  and 
Missouri,  in  1839.  Within  this  imperfect  rectangular  area 
lie  55,475  square  miles,  or  35,504,000  acres,  of  the  most 
fertile  land  the  sun  has  ever  shone  upon. 

The  Land.  —  Iowa  is  usually  described  as  a  rolling  prairie ; 
and  such,  indeed,  is  its  general  topography.     One  of  our 

1 


2  THE   GOVERNMENT   OF   IOWA. 

State  Geologists,  the  late  Professor  Samuel  Calvin,  says: 
"  It  would  seem  that  a  very  short  chapter  ought  to  be  suffi- 
cient to  include  all  that  can  be  said  concerning  the  physical 
features  of  Iowa ;  for  the  state  is  simply  an  extensive  plain 
—  over  large  areas  a  very  monotonous  plain  —  lying  be- 
tween the  great  rivers  and  rising  but  little  above  them  at 
any  point."  Yet  here  and  there,  especially  along  the  water- 
courses, rugged  hills  and  picturesque  bluffs  often  rise  to  the 
height  of  three  or  four  hundred  feet.  A  part  of  this  hilly 
region  in  the  northeastern  part  of  the  State  has  aptly  been 
called  "  the  Switzerland  of  Iowa." 

The  Prairies.  —  "  It  is  estimated,"  says  Dr.  White,  an 
earlier  State  Geologist,  "  that  seven-eighths  of  the  surface  of 
Iowa  was  prairie  when  the  State  was  first  settled."  To  the 
early  explorer  and  pioneer,  who  had  fought  his  way  through 
the  stubborn  forests  and  underbrush  of  the  eastern  part  of 
the  continent,  these  treeless  prairies  were  an  object  of  great 
wonder  and  interest.  To  stand  upon  them  was  like  being 
out  in  midocean.  The  horizon  seemed  like  a  perfect  circle ; 
and  the  heavens  rose  like  an  inverted  bowl  above  the  ex- 
plorer's head.  Is  it  any  wonder  that  on  some  of  the  early 
maps  the  Iowa  country  is  designated  as  a  "  Great  Desert  "  ? 
The  early  pioneers  clung  to  watercourses,  where  timber,  so 
necessary  for  building  and  fuel  most  abounded.  They 
seemed  to  be  afraid  to  settle  in  the  open  country,  being 
ignorant  of  the  richness  of  the  prairie  soil. 

The  Work  of  the  Glaciers.  —  How  came  Iowa  to  be  a 
country  in  which  the  plough  found  itself  almost  independent 
of  the  axe  and  the  grub  hook?     Geology,  whose  records 


THE   LAND   AND   RESOURCES.  3 

have  been  written  deep  across  the  whole  face  of  this  fair 
Commonwealth,  must  answer.  Professor  Calvin  says  that 
"  these  geologic  records,  untampered  with,  and  unimpeach- 
able, declare  that  for  uncounted  years  Iowa,  together  with 
the  great  valley  of  the  Mississippi,  lay  beneath  the  level  of 
the  sea.  So  far  as  it  was  inhabited  at  all,  marine  forms  of 
animals  and  plants  were  its  only  occupants."  Countless 
ages  passed  ;  the  waters  disappeared ;  plant  and  animal  life 
came  to  abound  only  to  be  ground  down  and  destroyed 
later  by  the  great  sheets  of  ice  and  snow  which  flowed  down 
from  the  north.  Devastating  as  they  were,  the  glaciers 
made  Iowa  what  it  is  to-day. 

The  Soil.  —  "  Soils  of  uniform  excellence  would  have 
been  impossible,"  says  Professor  Calvin,  "ina  non-glacial 
Iowa.  The  soils  of  Iowa  have  a  value  equal  to  all  of  the 
silver  and  gold  mines  of  the  world  combined.  And  for  this 
rich  heritage  of  soils  we  are  indebted  to  great  rivers  of  ice 
that  overflowed  Iowa  from  the  north  and  northwest.  The 
glaciers  in  their  long  journey  ground  up  the  rocks  over  which 
they  moved  and  mingled  the  fresh  rock  flour  from  granites 
of  British  America  and  northern  Minnesota  with  pulverized 
limestones  and  shales  of  more  southern  regions,  and  used 
these  rich  materials  in  covering  up  the  bald  rocks  and  level- 
ing the  irregular  surface  of  preglacial  Iowa."  Thus  in  the 
course  of  the  ages  Iowa  was  made  habitable  for  plant, 
animal,  and  man  through  the  operation  of  natural 
laws. 

The  Resources  of  Iowa.  —  The  census  of  Iowa  for  the 
year  1915  gives  the  number  of  farms  in  the  State  as  199,755, 


4  THE    GOVERNMENT    OF   IOWA. 

representing  32,951,056  acres  of  land.  The  estimated 
value  of  these  farms  is  $3, 512, 196,460/  not  including  the 
value  of  buildings  and  farm  implements.  Upon  these 
199,755  farms  the  great  bulk  of  the  wealth  of  Iowa  is  pro- 
duced. Corn  is  the  chief  farm  product,  the  annual  crop 
being  estimated  at  397,117,376  bushels;  but  wheat,  oats, 
barley,  and  rye  are  also  produced  in  goodly  quantities,  to 
say  nothing  of  hay,  vegetables,  fruits,  and  berries. 

The  total  value  of  farm  crops  in  Iowa  in  the  year  19 14 
was  estimated  at  $437,225,662.  The  value  of  live  stock 
(cattle,  hogs,  sheep,  horses,  and  fowls)  upon  the  farms  of 
Iowa  is  not  quite  equal  to  the  value  of  the  products  of 
the  soil,  being  estimated  in  1914  at  $350,621,975.  If  now 
we  add  to  these  two  already  large  sums  the  value  of  the 
mineral  products,  such  as  coal,  clay,  stone,  gypsum,  lead, 
and  zinc  ($26,282,275),  we  have  a  grand  total  of  $814,129,- 
912.  These  figures  will  no  doubt  be  still  larger  in  the  Fed- 
eral census  of  1920.  Manufactures  are  rapidly  growing  in 
this  great  agricultural  and  stock-raising  State;  and  the 
value  of  the  annual  products  of  5615  manufacturing  estab- 
lishments is  given  as  S3 10,954,000. 

The  Railroads.  —  To  carry  the  products  of  Iowa  to  the 
markets  of  the  world,  private  enterprise  has  literally 
covered  the  State  with  a  network  of  railroads.  Over  nine 
thousand  miles  of  rails  traverse  the  State;  and  every  one 
of  our  ninety-nine  counties  is  crossed  by  one  or  more  rail- 
roads. Indeed,  it  is  asserted  that  few  farmers  are  more 
than  ten  miles  distant  from  a  railroad  station. 

1  The  Federal  census  of  1920  will,  no  doubt,  show  a  great  increase  in  the 
value  of  Iowa  land. 


THE    LAND   AND    RESOURCES.  5 

The  Climate.  —  It  is  not  the  soil  alone  that  has  made 
Iowa  rich  and  prosperous :  the  climate  must  also  be  taken 
into  account.  Millions  of  acres  of  fertile  land  are  scarcely 
better  than  a  desert  of  sand  if  :limatic  conditions  are  not 
favorable  to  the  growth  of  plant  and  animal  life.  The 
director  of  the  Iowa  Weather  and  Crop  Service  says : 
"  Situated  near  the  geographical  center  of  the  United 
States,  too  far  inland  to  receive  the  equalizing  thermal 
effects  of  winds  blowing  directly  from  the  oceans,  the 
climate  of  Iowa  is  strictly  continental  in  type.  This  im- 
plies a  very  wide  range  in  temperature,  winters  of  con- 
siderable severity,  summers  of  almost  tropical  heat,  and  a 
large  percentage  of  sunshine  as  compared  with  insular 
regions.  As  there  are  no  mountain  ranges,  nor  considerable 
differences  in  the  altitude  of  the  several  sections,  the  climate 
of  the  state  is  quite  homogeneous.  ...  In  fact,  it  is  the 
best  watered  and  most  productive  mid-continent  region 
known  on  earth.  Its  worst  drouths  and  seasons  of  floods 
have  never  been  famine  breeders."  A  complete  failure  of 
crops  has  never  been  known  in  Iowa. 

QUESTIONS    ON   THE   TEXT. 

i.  What  is  the  area  of  Iowa  in  square  miles?    In  acres? 

2.  Why  were  the  prairies  avoided  by  the  earliest  settlers? 

3.  What  has  made  the  soil  of  Iowa  so  fertile  ? 

4.  What  are  the  chief  farm  products  of  Iowa  ? 

5.  What  are  the  chief  mineral  products  of  Iowa? 

6.  What  are  the  characteristics  of  the  Iowa  climate? 

ADDITIONAL  READINGS. 

The  Iowa-Missouri  Quarrel,  Aurncr's  Iowa  Stories,  Bk.  II,  p.  68. 
Prairie  Fires,  Aurncr's  Iowa  Stories,  Bk.  I,  p.  52. 
Winter  Storms,  Aurner's  Iowa  Stories,  Bk.  I,  p.  55. 


CHAPTER  II. 

POPULATION  AND   ETHNIC   ELEMENTS. 

The  Making  of  a  State.  —  A  fertile  soil  and  a  genial 
climate  are  two  very  necessary  elements  in  the  creation  of  a 
Commonwealth.  A  third  and  most  important  factor  is  an 
intelligent,  honest,  and  industrious  people.  It  has  been 
Iowa's  good  fortune  to  have  such  a  population,  without 
which,  indeed,  the  figures  given  in  the  previous  chapter 
could  never  have  been  written.  But  long  before  Iowa  was 
settled  by  white  men  other  peoples  dwelt  upon  our  rivers 
and  roamed  across  our  prairies. 

Prehistoric  Man.  —  The  antiquity  of  mankind  has 
always  been  a  subject  of  greatest  interest  to  man  himself. 
As  a  human  habitat  Iowa  is  very  old.  Whether  man  was 
here  before  the  glaciers  is  not  at  all  certain.  Evidences 
there  are  that  a  race  or  races  of  human  beings  dwelt  in  the 
Iowa  country  for  countless  generations  before  Columbus 
ever  thought  of  his  great  western  voyage.  And  even 
after  the  great  discovery  by  Columbus,  nearly  two  centuries 
had  passed  before  the  white  man  had  gone  so  far  into  the 
interior  of  this  continent  as  the  Iowa  country. 

The  Mound  Builders.  —  It  is  believed  that  primitive 
man  moved  north  as  the  glaciers  disappeared,  and  that 
this  first  human  inhabitant  of  the  Mississippi  Valley  was 

6 


POPULATION    AND    ETHNIC    ELEMENTS.  7 

Eskimoid  in  type.  "  It  is  supposed,"  says  Dr.  Duren  J.  H. 
Ward,  "  that  this  little  Eskimoid  man  was  followed  by  the 
famous  Mound  Builder,  who  finally  spread  his  art  and 
civilization  up  and  down  the  Mississippi  Valley  and  east 
and  west  for  great  distances.  His  characteristic  works  are 
found  in  Ohio  and  in  Iowa,  in  Louisiana  and  in  Wisconsin. 
He  has  left  a  vast  amount  of  evidence  as  to  his  physical 
characteristics  and  the  material  stage  of  his  civilization ; 
but  he  is  withal  a  great  mystery.  His  mounds,  so  numer- 
ous, constitute  together  the  most  baffiing  problem  in 
Archaeology.  What  are  they,  what  were  they  for?  Some 
of  them  are  doubtless  the  remains  of  his  dwelling  places, 
but  many  are  not.  Some  have  religious  significance ; 
some  may  have  been  for  defence.  Doubtless  in  many  of 
them  is  buried  the  owner  of  the  lodge  which  once  existed 
thereon  or  thereby.  Probably  with  his  bones  are  to  be 
found  his  implements  of  peace  and  war,  and  oft-times,  too, 
the  bones  of  his  slaves  and  his  wives,  who  were  sacrificed 
to  accompany  his  spirit  on  the  long  voyage  to  the  land  of 
the  Great  Spirit." 

What  became  of  the  Mound  Builder  is  a  great  mystery. 
He  had  disappeared,  no  one  knows  how  long,  before  the 
first  white  man  discovered  the  Mississippi  Valley.  That 
he  lived  in  Iowa  in  great  numbers  is  evidenced  by  the 
mounds  which  may  be  found  on  the  banks  of  nearly  every 
stream  of  any  consequence  in  the  State. 

The  Indians.  —  The  Mound  Builder  was  displaced,  or 
at  all  events  followed,  by  the  North  American  Indians  —  a 
people  who  to-day  are  rapidly  approaching  extermination. 


8  THE    GOVERNMENT   OF   IOWA. 

When  the  country  west  of  the  Mississippi  was  first  explored 
by  the  whites,  the  Sioux  Indians  were  found  in  possession 
of  Minnesota  and  northern  Iowa.  This  family  of  red  men 
consisted  of  the  following  tribes  :  Sissetons,  Ioways,  Winne- 
bagoes,  Osages,  Otoes,  Missouris,  and  Omahas.  The  tribes 
of  the  Algonquin  family,  consisting  of  the  Sacs,  Foxes, 
Illinois,  Pottawattamies,  Ottaways,  and  Chippewas,  occu- 
pied northern  Missouri  and  southern  Iowa.  Of  all  of  these 
tribes  only  a  bare  remnant  of  the  Foxes  still  remain  in 
Iowa.  They  are  found  along  the  Iowa  River  in  Tama 
County  and  are  known  as  the  Meskwaki  Indians. 

Indian  Conflicts.  —  Although  the  warlike  spirit  of  the 
Indian  had  been  much  broken  by  his  contact  with  the 
white  man,  the  possession  of  the  Iowa  country  was  not 
given  up  without  a  struggle.  Indian  raids  and  depreda- 
tions within  the  limits  of  Iowa  are  recorded  as  late  as  1863. 
The  most  bloody  of  these  Indian  outbreaks  was  the  Spirit 
Lake  Massacre  of  1857.  The  Black  Hawk  War,  which  was 
waged  in  1832,  was,  however,  the  one  great  contest  between 
the  white  man  and  the  Indian  of  the  Iowa  country.  It 
was  fought  in  Illinois  and  Wisconsin,  and  resulted  in  the 
first  cession  of  lands  in  the  Iowa  country  in  September, 
1832. 

Indian  Cessions  of  Land.  —  A  restless  throng  of  immi- 
grants, with  all  their  worldly  possessions  packed  in  covered 
wagons,  were  waiting  on  the  frontier  eager  to  enter  the 
Indian  country  and  there  to  make  permanent  homes  and 
settlements.  Little  by  little  the  Indians  were  induced  or 
coerced  to  give  up  their  rights  to  occupy  the  Iowa  lands. 


Map  I.    Showing  Cessions 


1 


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rERRITORY  BY  THE  INDIANS 


POPULATION    AND    ETHNIC    ELEMENTS.  9 

The  most  important  of  these  Indian  land  cessions  were : 
the  Black  Hawk  Purchase  of  1832  ;  the  Keokuk  Reserve  of 
1836  ;  the  Cession  of  1837  ;  and  the  Cession  of  1842.  (See 
Map  I  of  Indian  Cessions.)  In  all  of  these  transactions 
the  Indian  was  not  always  fairly  dealt  with.  Here  in  Iowa 
history  has  again  been  repeated.  An  inferior  race  had  to 
give  way  to  the  more  energetic  and  enterprising  Caucasian. 
The  Indian  is  gone  forever ;  but  the  names  of  our  rivers, 
creeks,  lakes,  cities,  counties,  townships,  and  even  the 
State  itself  perpetuate  his  memory. 

The  Earliest  White  Settlers.  —  Probably  the  first  white 
settler  within  the  present  limits  of  the  State  of  Iowa  was 
Julien  Dubuque,  who  crossed  the  Mississippi  in  1788, 
made  friends  with  the  Indians,  married  a  squaw,  and 
obtained  from  the  Indians  a  lease  of  the  lead  mines  in  the 
vicinity  of  the  present  city  of  Dubuque.  A  few  other 
settlements  were  made  during  the  last  quarter  of  the 
eighteenth  century  under  Spanish  grants,  some  of  which 
were  afterwards  confirmed  by  the  United  States  govern- 
ment as  valid  claims. 

The  Permanent  Settlement  of  Iowa.  —  After  the  Indian 
title  had  been  extinguished  by  the  Black  Hawk  Purchase, 
settlers  began  literally  to  pour  into  the  Iowa  country  even 
before  they  were  legally  entitled  to  do  so.  From  1830  it 
became  apparent  that  Iowa  was  destined  to  be  a  land  of 
homes  and  permanent  settlements.  Towns  sprang  up  with 
mushroom  rapidity,  some  of  which  (such  as  Dubuque, 
Burlington,  Davenport,  and  Keokuk)  have  continued  to 
flourish  and  prosper.     Others,  like  Napoleon,  Buffalo,  and 


IO  THE   GOVERNMENT   OF   IOWA. 

New  Boston,  have  disappeared  and  yielded  up  their  sites 
to  the  cultivation  of  corn. 

Whence  came  the  Iowa  Pioneers.  —  Whence  the  early 
settlers  came  has  been  the  subject  of  some  lively  discus- 
sion. There  has  long  been  a  tradition  that  Iowa  was 
settled  for  the  most  part  by  New  Englanders.  On  the 
other  hand,  it  is  well  known  that  southeastern  Iowa  was 
settled  largely  by  Southerners.  In  fact,  the  early  settlers 
of  Iowa  came  from  all  parts  of  the  Union.  Now  it  is 
reasonable  to  suppose  that  where  government  is  in  the 
hands  of  the  people,  the  nativity  of  those  in  charge  of  the 
activities  of  government  would  be  a  pretty  safe  guide  to 
the  nativity  of  the  population.  This  seems  to  be  especially 
true  in  a  pioneer  community.  The  first  Constitutional 
Convention  of  Iowa,  which  met  in  1844,  was  composed  of 
72  members.  Of  these,  one  was  born  in  Germany,  one  in 
Scotland,  and  one  in  Ireland.  Of  those  born  in  the  United 
States,  thirteen  were  from  Pennsylvania,  eleven  from  Vir- 
ginia, nine  from  New  York,  eight  from  Kentucky,  eight 
from  Ohio,  six  from  North  Carolina,  six  from  Vermont, 
and  one  each  from  Massachusetts,  Connecticut,  New 
Hampshire,  Maine,  New  Jersey,  Tennessee,  Indiana,  and 
Illinois.  The  early  settlers  of  Iowa  represented  the  whole 
Union  and  not  any  one  section  of  it. 

The  Growth  of  Population.  —  In  1838  the  Territory  of 
Iowa  had  a  population  of  22,859;  by  1844  this  number 
had  increased  to  75,152.  This  rapid  growth  in  population 
represents  the  pioneer  scramble  for  cheap  land  in  a  fertile 
region.     When  Iowa  was  admitted  into  the  Union  in  1846 


POPULATION   AND   ETHNIC   ELEMENTS.  II 

the  population  numbered  102,388.  And  in  the  ten  years 
from  1846  to  1856  it  increased  four  times  over.  A  writer 
in  1854  states  that  "immigrants  to  Iowa  wait  days  to  get 
a  chance  to  be  ferried  across  the  river.  They  come  in 
crowds  a  mile  long,  from  every  land,  and  the  cry  is  'still 
they  come,'  the  immigration  to  northern  Iowa  exceeds 
anything  ever  seen  or  heard  of  except  the  stampede  to 
California."  The  population  of  the  State  continued  to 
gain  up  to  1900,  when  it  numbered  2,231,853.  In  1905  the 
returns  showed  a  decrease  of  21,803  since  1900.  In  19 10 
the  population  of  Iowa  was  2,224,771,  in  1920  it  was 
2,404,021 — an  increase  of  179,250  in  ten  years.  Practically 
the  only  decrease  in  the  population  of  any  county  is  in 
the  rural  districts.  Cheaper  lands  in  Canada,  the  far 
west,  and  the  southwest  have  been  attracting  the  young 
men  of  Iowa,  as  the  Iowa  country  in  the  forties  and  fifties 
attracted  their  grandfathers  from  the  older  States. 

Ethnic  Elements.  —  The  earliest  settlers  were  mostly 
native  born,  that  is,  born  in  the  United  States,  of  English, 
Huguenot,  Scotch-Irish,  and  Dutch  extraction.  During 
the  fifties  the  Germans  and  Irish  came  direct  from  their 
natives  countries  to  Iowa  in  considerable  numbers.  The 
first  settlement  of  Dutch  was  made  at  Pella  in  1847.  Since 
the  Civil  War  large  numbers  of  Slavs,  Danes,  Swedes,  and 
Norwegians  have  come  to  the  State.  The  mingling  of 
these  various  ethnic  elements  in  Iowa  has  produced  a 
vigorous,  industrious,  and  intelligent  people,  who  have 
made  Iowa  what  it  is  to-day.  According  to  the  census  of 
1915  there  were  in  the  State  1,422,464  native  white  per- 


12  THE    GOVERNMENT   OF    IOWA. 

sons  of  native  parents,  654,855  white  of  foreign  or  mixed 
parentage,  and  16,578  colored.  Nearly  one-half  of  the 
population  of  the  State  is  resident  in  towns  of  over  1000 
inhabitants  and  54.1  per  cent  of  the  population  was  liv- 
ing in  cities  or  towns  —  thus  showing  the  tendency  of  the 
people  to  migrate  to  the  towns  and  cities  in  a  great  agri- 
cultural State  like  Iowa. 

QUESTIONS   ON  THE  TEXT. 

1.  What  purposes  did  the  mounds  of  the  Mound  Builders  serve? 

2.  What  tribe  of  Indians  is  still  found  in  Iowa? 

3.  What  was  the  worst  Indian  outbreak  in  the  history  of  Iowa? 

4.  Why  were  the  Indians  forced  out  of  Iowa? 

5.  Who  was  the  first  white  settler  in  Iowa? 

6.  From  what  parts  cf  the  Union  did  the  pioneers  of  Iowa  come? 

7.  What  has  caused  a  decrease  in  population  in  recent  years? 

8.  Name  the  chief  nationalities  represented  in  Iowa's  population. 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Some  Iowa  Mounds,  I.  J.  H.  P.,  Vol.  II,  p.  34. 
The  Problem  of  the  Mounds,  I.  J.  H.  P.,  Vol.  Ill,  p.  20. 
The  Meskwaki  People  of  Today,  I.  J.  II.  P.,  Vol.  IV,  p.  190. 
Pushing  the  Indians  out  of  Iowa,  Aurner's  Iowa  Stories,  Bk.  I,  p.  63. 
A  Diary  of  the  Black  Hawk  War,  I.  J.  II    P.,  Vol.  VIII,  p.  265. 
The  Half  Breed  Tract,  I.  J.  H.  P.,  Vol.  XIII,  p.  151. 
The  Black  Hawk  War  and  the  Treaty  of  1S32, 1.  J,  H.  P.,  Vol.  XIII,  p.  416. 
The  Coming  of  the  Hollanders  to  Iowa,  I.  J.  H.  P.,  Vol.  IX,  p.  528. 
The  Coming  of  the  Norwegians  to  Iowa,  I.  J.  H.  P.-  Vol.  Ill,  p.  347. 
The  American  Occupation  of  Iowa,  1833  to  1S60,  I.  J.  H.  P.,  Vol.  XVII, 
p.  83. 


CHAPTER  ITL 

EARLY   HISTORY   AND   EXPLORATIONS. 

The  Struggle  for  the  Middle  West.  —  Although  Iowa  as 
a  State  is  comparatively  young,  the  early  history  of  the 
Iowa  country  is  full  of  the  romance  of  exploration,  adven- 
ture, and  international  conflict.  The  Iowa  country  was 
in  a  region  coveted  by  the  three  great  nations  of  Spain, 
France,  and  England.  Each  of  these  nations  struggled  for 
the  possession  of  the  vast  unexplored  domain  west  of  the 
Mississippi. 

Early  Explorers.  De  Soto.  —  Of  De  Soto's  unfortunate 
Spanish  expedition  but  little  is  known  except  that  it  was 
conceived  in  an  avarice  for  gold  and  left  a  trail  of  slaughter 
and  devastation.  In  1541  De  Soto  discovered  the  lower 
Mississippi  River,  and  the  next  year  was  buried  in  its 
waters.  After  wandering  for  several  years,  they  scarcely 
knew  where,  across  the  southern  part  of  the  United  States, 
scarcely  two  hundred  and  fifty  of  his  army  of  one  thousand 
men  survived  to  return  to  the  Spanish  settlements. 

Nicollet.  —  Although  he  did  not  reach  Iowa,  the  great 
journey  of  Nicollet  in  1634  prepared  the  way  for  subse- 
quent discoveries.  Jean  Nicollet,  a  Frenchman,  sought  to 
find  a  short  water  route  to  China  from  the  Great  Lakes: 
and  it  is  said  that  he  carried  with  him  a  gorgeous  Man- 

13 


I4  THE   GOVERNMENT   OF    IOWA. 

darin's  robe  that  he  might  be  suitably  dressed  when  he 
arrived  at  the  Chinese  court.  He  found,  however,  only- 
naked  Indians  along  the  Wisconsin  River. 

Radisson  and  Grosseilliers.  —  Radisson  and  his  brother- 
in-law  Grosseilliers  made  a  western  expedition  in  1660. 
Launching  their  canoes  upon  Lake  Superior,  they  followed 
the  south  shore  to  the  end  of  the  lake.  They  then  made 
an  extensive  overland  journey  which  probably  took  them 
as  far  west  as  the  Mississippi.  In  his  journal  Radisson 
mentions,  among  the  Indian  tribes  he  had  met,  the  Main- 
gonis.  "  These,"  says  Professor  Laenas  G.  Weld,  "  were 
probably  the  Moingonas,  who  at  this  period  dwelt  along 
the  Illinois  River,  though  they  were  found  in  Iowa  not 
many  years  later.  Our  capital  city  is  named  from  the 
river  Des  Moines,  i.e.  La  riviere  des  Moingonas."  It  is 
believed  that  this  is  the  earliest  appearance  of  the  name 
Des  Moines  in  history. 

Marquette  and  Joliet.  —  To  Iowans  the  famous  first 
voyage  of  Marquette  and  Joliet  down  the  Mississippi  in 
1673  is  of  the  greatest  interest.  For  they  were  the  first 
white  men  to  discover  the  upper  Mississippi  and  to  make 
explorations  within  the  present  limits  of  the  State  of  Iowa. 
From  Marquette's  journal  and  map  we  know  that  it  was 
upon  June  25,  1673,  that  the  two  men  landed  near  the 
mouth  of  the  Iowa  River  in  Louisa  County,1  and  proceeded 
inland  along  the  Iowa  River  for  some  miles.  Having  dis- 
covered a  village  of  Illinois  Indians,  they  tarried  several 

1  Weld's  Joliet  and  Marquette  in  Iowa  in  the  Iowa  Journal  of  History  and 
Politics,  Vol.  I,  No.  1,  pp.  3-16. 


EARLY   HISTORY    AND    EXPLORATIONS.  15 

days  before  continuing  their  journey  down  the  Mississippi. 
Marquette  and  Joliet  made  their  journey  under  French 
auspices. 

Du  Luth.  —  This  man,  after  whom  the  flourishing  Min- 
nesota city  on  Lake  Superior  has  been  named,  was  the 
leader  of  a  band  of  Frenchmen  who  carried  on  trade  with 
the  Indians,  contrary  to  the  king's  orders,  between  1678 
and  1681.  But  these  wood  rangers  or  Coureurs  de  bois,  as 
they  were  called,  did  much  to  extend  the  French  trade 
and  influence  in  the  Northwest. 

La  Salle.  —  Ambitious  to  extend  French  power  in  the 
West,  La  Salle  conducted  several  expeditions  through  the 
Mississippi  Valley  between  the  years  1669  and  1687. 
Though  disappointments  and  misfortunes  accompanied 
most  of  his  undertakings,  La  Salle  clung  steadfastly  to  his 
purpose ;  and  the  French  based  their  claims  to  the  Louisiana 
Territory  largely  upon  the  results  of  his  discoveries  and 
explorations.  He  lost  his  life  in  1687  at  the  treacherous 
hands  of  a  member  of  his  own  party. 

Hennepin.  —  Father  Louis  Hennepin,  as  a  member  of 
one  of  La  Salle's  expeditions,  explored  the  Mississippi  to 
its  sources  in  1680.  He  gave  the  name  of  Saint  Anthony 
to  the  beautiful  falls  on  the  upper  Mississippi ;  and  his 
published  accounts  of  the  "  New  Discovery  "  were  widely 
read  throughout  the  civilized  world. 

The  French  Title  Confirmed.  —  These  and  other  dis- 
coveries and  explorations  confirmed  the  title  of  France  to 
the  Mississippi  Valley;   while  the  reports  of  the  explorers 


16  THE   GOVERNMENT   OF    IOWA. 

and  the  accounts  of  wilderness  adventures  roused  many 
an  ambitious  youth  to  follow  the  trails  into  the  wilderness. 
It  was  on  the  ninth  day  of  April,  1682,  that  La  Salle  un- 
furled the  French  flag  at  the  mouth  of  the  Mississippi 
River  and  formally  took  possession  of  the  entire  valley  in 
the  name  of  the  king  of  France.  He  gave  to  the  country 
the  name  Louisiana  in  honor  of  his  king,  Louis  XIV. 

The  Louisiana  Country.  —  France  and  England  had  long 
been  enemies  at  home;  and  so  it  is  not  surprising  that 
they  were  likewise  enemies  in  the  new  world.  France 
finally  lost  Canada  and  the  Ohio  Valley  to  the  British, 
and  secretly  bestowed  upon  Spain  the  trans-Mississippi 
country.  The  success  of  the  American  colonies  in  their 
war  for  independence  gave  to  them,  in  addition  to  the 
territory  of  the  thirteen  original  States,  the  territory  west 
of  the  Alleghanies  and  east  of  the  Mississippi  River.  In 
1800  Spain  receded  the  Louisiana  country  to  France.  Ey 
this  time  the  American  pioneers  were  rapidly  pushing  west- 
ward, only  to  find  their  chief  avenue  of  commerce  —  the 
Mississippi  River  —  blocked  at  the  mouth  by  grievous 
burdens  laid  upon  commerce  by  the  Spanish  and  French 
authorities. 

The  Purchase  of  Louisiana. — President  Jefferson  sent  a 
commission  to  France  to  purchase  the  French  rights  at 
the  mouth  of  the  river ;  but  Napoleon,  fearing  that  Louis- 
iana like  the  other  French  possessions  in  America,  might 
any  day  fall  into  the  hands  of  his  British  enemies,  per- 
suaded the  Commissioners  to  take  the  whole  province  c.i 
Louisiana  for  something  over  $15,000,000. 


EARLY   HISTORY   AND   EXPLORATIONS.  17 

Thus,  Iowa,  though  as  yet  unnamed,  first  became  a  part 
of  the  United  States  in  1803.  The  periods  of  French, 
Spanish,  and  again  French  control  of  the  Iowa  country, 
however,  left  little  or  no  permanent  impress  upon  its 
future  government,  because  the  country  was  as  yet  unsettled. 

The  Government  of  the  New  Purchase.  —  On  March  26, 
1804,  Congress  made  provision  for  the  government  of  the 
newly  acquired  country  by  dividing  it  into  two  jurisdictions 
—  the  Territory  of  Orleans  and  the  District  of  Louisiana. 
The  Territory  of  Orleans  in  no  way  concerns  the  history 
of  Iowa ;  but  the  District  of  Louisiana,  of  which  Iowa  was 
a  part,  was  placed  under  the  jurisdiction  of  the  Governor 
and  Judges  of  the  Territory  of  Indiana.  It  was  in  1804, 
while  the  Iowa  country  was  under  the  jurisdiction  of  the 
Governor  and  Judges  of  the  Territory  of  Indiana,  that 
Governor  William  Henry  Harrison,  afterwards  President 
of  the  United  States,  made  the  famous  treaty  with  the 
Indians  at  St.  Louis,  which  was  later  one  of  the  causes  of 
the  Black  Hawk  War. 

The  Lewis  and  Clark  Expedition.  —  The  United  States 
now  authorized  several  military  expeditions  into  the  newly 
acquired  area  for  the  purpose  of  getting  more  accurate 
information  relative  to  the  nature  of  the  country.  The 
first  and  most  famous  of  these  was  the  Lewis  and  Clark 
Expedition  (1804-1806).  Making  their  way  up  the  Mis- 
souri River,  Lewis  and  Clark  passed  along  the  western 
border  of  Iowa.  Sergeant  Floyd,  the  only  person  who  died 
on  the  expedition,  was  buried  on  Iowa  soil  near  the  present 
site  of  Sioux  City ;   and  his  memory  is  perpetuated  in  the 


1 8  THE   GOVERNMENT   OF   IOWA. 

names  of  Floyd  River  and  Floyd  County  and  by  a  monu- 
ment near  his  grave  erected  jointly  by  the  government  of 
the  United  States  and  the  government  of  Iowa. 

The  Pike  Expedition.  —  In  1805  Zebulon  Montgomery 
Pike  led  an  expedition  from  St.  Louis  to  the  source  of  the 
Mississippi  River  for  the  purpose  of  selecting  suitable  sites 
for  military  posts.  He  visited  the  lead  mines  of  Dubuque, 
and  there  had  a  personal  interview  with  Julien  Dubuque. 
He  also  met  and  conversed  with  Black  Hawk  on  Iowa  soil. 
His  journal  of  the  expedition  contains  many  references  to 
the  eastern  border  of  the  Iowa  country. 

Early  Governments.  —  From  1805  to  1812  the  Iowa 
country  formed  a  part  of  the  Territory  of  Louisiana.  In 
18 1 2  it  was  included  in  the  Territory  of  Missouri.  When, 
however,  Missouri  was  admitted  into  the  Union  in  1821, 
the  Iowa  country  was  apparently  forgotten  until  1834, 
when  it  was  "  attached  to,  and  made  a  part  of,  the  Terri- 
tory of  Michigan  "  for  the  purpose  of  temporary  govern- 
ment. (See  Map  II.)  Since  the  Iowa  country  was  not 
permanently  inhabited  by  white  men  before  1830,  its 
political  history  up  to  that  date  is  scarcely  more  than  a 
record  of  changes  in  sovereign  and  subordinate  jurisdictions. 

The  Expedition  of  the  United  States  Dragoons.  —  In 

1833  Congress  created  the  First  United  States  Dragoons, 
a  military  organization  established  to  insure  a  more  perfect 
defence  of  the  frontier  country.  Its  marches  extended  over 
five  of  the  States  of  the  Mississippi  Valley,  serving  not 
only  as  a  body  for  defence,  but  also  conducting  explora- 


Map  II. 


Northwest  Territory,  171 
—  Territ 


Territory  of  Indiana,  1804-1805 
Michigan,  1834-1830 


EARLY   HISTORY   AND   EXPLORATIONS.  19 

tions,  holding  councils,  and  making  treaties  with  the  various 
Indian  tribes. 

On  June  7,  1835,  Companies  B,  H,  and  I  of  the  Dragoons 
left  Fort  Des  Moines  in  Lee  County,  marched  n 00  miles 
across  the  eastern  part  of  Iowa  and  as  far  north  as  Wa- 
basha's village  on  the  Mississippi  River  in  Minnesota, 
and  returned  by  a  more  westwardly  route  August  19,  1835, 
without  the  loss  of  a  single  horse  or  man.  Lieutenant 
Albert  M.  Lea  was  in  command  of  Company  I,  and  was 
also  the  official  "  topographer  and  chronicler  "  of  the  ex- 
pedition. It  is  in  Albert  Lea's  Notes  on  the  Wisconsin 
Territory  that  much  information  of  vital  interest  in  the 
early  history  of  Iowa  has  been  preserved. 

The  Naming  of  Iowa.  —  Marquette  and  Joliet  had  dis- 
covered Iowa :  it  remained  for  an  American  citizen  to 
christen  it.  There  has  been  some  dispute  as  to  the  exact 
meaning  of  the  word  "  Iowa  "  ; 1  but  there  can  be  no  dis- 
pute as  to  who  gave  the  name  to  the  country  west  of  the 
Mississippi.  Albert  M.  Lea's  Notes  on  the  Wisconsin  Ter- 
ritory, particularly  with  Reference  to  the  Iowa  District  or 
Black  Hawk  Purchase,  published  in  1836,  was  the  first 
descriptive  account  in  which  the  name  Iowa  was  applied 
to  the  country  west  of  the  Mississippi.  In  this  little  book 
the  author  in  referring  to  that  part  of  the  Wisconsin  Terri- 
tory which  lay  west  of  the  Mississippi  says  :  " .  . .  from  the 
extent  and  beauty  of  the  Iowa  river  which  runs  centrally 
through  the  District,  and  gives  character  to  most  of  it, 
the  name  of  that  stream  being  both  euphoneous  and  ap- 

1 "  This  is  the  place  "  or  "  Beautiful  Land  "  are  generally  accepted. 


20  THE   GOVERNMENT    OF   IOWA. 

propriate,  has  been  given  to  the  District  itself."  Thus 
Iowa  was  first  named  by  Albert  M.  Lea,  who  took  the 
name  from  the  Iowa  River.  The  name  Iowa  seemed  to 
meet  with  general  favor  and  was  soon  universally  adopted. 

The  Territory  of  Wisconsin.  —  It  was  on  the  fourth  day 
of  July,  1836,  that  the  original  Territory  of  Wisconsin,  oi 
which  the  Iowa  District  was  a  part,  was  organized  under 
an  act  of  Congress.  (See  Map  III.)  So  rapid  was  the 
growth  of  population  in  the  Iowa  District  that  the  capital 
of  Wisconsin  Territory,  which  had  originally  been  located 
at  Belmont  on  the  east  side  of  the  Mississippi  in  1836, 
was  moved  to  the  town  of  Burlington  on  the  west  side  of 
the  river  within  a  year. 

The  Territory  of  Iowa.  —  No  sooner  had  the  Territory 
of  Wisconsin  been  organized  than  a  movement  was  started 
to  establish  a  separate  territory  west  of  the  Mississippi. 
In  his  Notes  on  the  Wisconsin  Territory,  Albert  M.  Lea 
said :  "  Though  this  District  may  be  considered,  for  a 
time,  as  forming  a  part  of  the  Wisconsin  Territory,  yet  the 
intelligent  reader  will  have  little  difficulty  in  foreseeing  that 
a  separate  government  will  soon  be  required  for  Iowa." 
On  June  12,  1838,  President  Van  Buren  gave  his  approval 
to  an  act  to  divide  the  original  Territory  of  Wisconsin  and 
to  establish  the  territorial  government  of  Iowa.  (See 
Map  III.)  The  political  existence  of  Iowa  as  a  separate 
and  distinct  government  began  on  the  fourth  day  of  July, 
1838.  Eight  years  afterwards,  on  December  28,  1846, 
Iowa  was  admitted  into  the  Union  with  the  present  State 
boundaries.     (See  Map  IV.) 


Map  III.     Illustrative  of  the  ] 

of  Wisconsin  and  the 

■  i  i  Territc 

-    Territc 


)aries  of  the  original  territory 
rate  Territory  of  Iowa 

Wisconsin,  1836-1838 
Iowa,  1838-1846 


EARLY    HISTORY    AND    EXPLORATIONS.  21 


QUESTIONS   ON   THE   TEXT. 

i.  What  nations  sought  possession  of  the  Mississippi  Valley? 

2.  Who  were  the  first  white  men  to  discover  and  land  in  Iowa? 

3.  Who  explored  the  upper  Mississippi? 

4.  How  was  the  French  title  to  the  Mississippi  Valley  gained  ? 

5.  Why  did  the  United  States  want  the  mouth  of  the  Mississippi 
River? 

6.  Who  was  Sergeant  Floyd,  and  why  is  his  memory  perpetuated  in 
Iowa? 

7.  Why  was  the  government  of  the  Iowa  country  prior  to  1830  of 
but  little  importance? 

8.  Who  deserves  the  credit  of  having  named  Iowa  ? 

9.  From  v/hat  was  the  name  "  Iowa  "  derived? 

10.  When  was  Iowa  established  as  a  separate  territory? 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

J  olid  and  Marquette  in  Iowa,  I.  J.  H.  P.,  Vol.  I,  p.  3. 

Opening  the  Way,  Aurner's  Iowa  Stories,  Bk.  II,  p.  154. 

When  Iowa  was  without  a  Name,  Aurner's  Iowa  Stories,  Bk.  II,  p.  9. 

A  Journal  of  Marches  by  the  First  United  States  Dragoons,  I.  J.  H.  P., 

Vol.  VII,  p.  331. 

French  Discovery  and  Exploration  of  the  Eastern  Iowa  Country  before  1763, 
I.  J.  H.  P.,  Vol.  XII,  p.  323. 

French  Expedition  against  the  Sac  and  Fox  Indians  in  the  Iowa  Country, 
1734-1735,  I.  J-  H.  P.,  Vol.  XII,  p.  245. 

The  Contributions  of  Albert  Miller  Lea  to  the  History  of  Iowa,  I.  J.  H.  P., 
Vol.  IX,  p.  3. 


CHAPTER  IV. 

THE  FOUNDATIONS  OF  GOVERNMENT  IN 

IOWA. 

The  Squatter  Governments.  —  History  records  how  the 
Pilgrim  fathers,  coming  without  government  authority  to 
the  new  world,  drew  up  the  famous  Mayflower  Compact 
to  insure  among  themselves  an  orderly  civil  society.  The 
pioneers  of  Iowa,  settling  upon  lands  as  yet  unsurveyed 
and  unprovided  with  local  constitutional  government,  like- 
wise voluntarily  entered  into  agreements  to  secure  peace, 
order,  and  justice. 

The  Miners'  Compact.  —  The  neglected  and  abandoned 
mines  of  Spain  at  Dubuque  were  reopened  by  miners  early 
in  the  year  1830.  And  as  Congress  had  made  no  provision 
for  the  local  government  of  the  Iowa  country  after  the 
admission  of  Missouri  in  182 1,  the  miners  at  Dubuque  met 
around  an  old  cottonwood  log  and  organized  themselves 
into  a  body  politic  by  drawing  up  the  following  regulations : 

Dubuque  Mines,  June  17,  1830. 
We,  a  committee,  having  been  chosen  to  draft  certain  rules  and 
regulations,  by  which  we,  as  miners,  will  be  governed ;  and,  having 
duly  considered  the  subject,  do  unanimously  agree  that  we  will  be 
governed  by  the  regulations  on  the  east  side  of  the  Mississippi  River, 
with  the  following  exceptions,  to  wit: 

Article  I.  —  That  each  and  every  man  shall  hold  two  hundred 
yards  square  of  ground  by  working  said  ground  one  day  in  six. 

22 


FOUNDATIONS    OF   GOVERNMENT    IN    IOWA.  23 

Article  II.  —  We  further  agree,  that  there  shall  be  chosen  by  the 
majority  of  the  miners  present,  a  person  who  shall  hold  this  article, 
and  who  shall  grant  letters  of  arbitration,  on  application  being  made, 
and  that  said  letter  [of]  arbitration  shall  be  obligatory  on  the  parties 
concerned  so  applying. 
To  the  above,  we  the  undersigned  subscribe. 

J.  L.  Langworthy,  Samuel  H.  Scoles, 

H.  F.  Lander,  E.  M.  Urn. 

James  McPheeters, 

The  Squatters  and  the  Law.  —  Zachary  Taylor,  in  com- 
mand of  United  States  troops  at  Prairie  du  Chien,  sent 
Jefferson  Davis,  at  this  time  a  young  army  officer,  with  a 
detachment  of  troops  to  drive  the  Dubuque  miners  and 
other  settlers  back  to  the  east  side  of  the  river ;  for  Con- 
gress had  as  early  as  1785  and  again  in  1807  declared  that 
no  settlements  should  be  made  on  any  part  of  the  public 
domain  until  the  Indian  title  thereto  had  been  extinguished 
and  the  land  surveyed.  And  again  in  1833  the  act  of  1807 
was  revived  with  special  reference  to  the  Iowa  country. 
But  as  Professor  Benjamin  F.  Shambaugh  aptly  says  in  his 
History  of  the  Constitutions  of  Iowa,  "...  the  pioneers  on 
their  way  to  the  trans-Mississippi  prairies  did  not  pause  to 
read  the  United  States  Statutes  at  Large.  They  outran 
the  public  surveyors.  They  ignored  the  act  of  1807.  And 
it  is  doubtful  if  they  ever  heard  of  the  act  of  March  2,  1833. 
Some  were  bold  enough  to  cross  the  Mississippi  and  put 
in  crops  even  before  the  Indian  title  had  expired ;  some 
squatted  on  unsurveyed  lands ;  and  others,  late  comers, 
settled  on  surveyed  territory." 

The  Character  of  the  Squatters.  —  When  the  Congres- 
sional survey  was  first  begun  in  Iowa  in  1836,  there  were 


24  THE    GOVERNMENT    OF    IOWA. 

over  ten  thousand  squatter  settlers  in  the  country  busily 
engaged  in  building  homes  and  planting  and  harvesting 
crops.  They  were  little  concerned  about  the  fact  that 
they  were  in  the  eyes  of  the  law  trespassers  on  the  public 
domain.  They  were  not  a  lot  of  lawless  vagabonds,  land 
robbers,  or  fugitives  from  justice,  as  they  were  sometimes 
pictured  in  the  East.  Says  Albert  M.  Lea :  "  Those  who 
have  been  accustomed  to  associate  the  name  of  Squatter 
with  the  idea  of  idleness  and  recklessness,  would  be  quite 
surprised  to  see  the  systematic  manner  in  which  every- 
thing is  here  conducted.  For  intelligence,  I  boldly  assert 
that  they  are  not  surpassed,  as  a  body,  by  an  equal  num- 
ber of  citizens  of  any  country  in  the  world." 

Claim  Clubs.  —  When  the  government  of  the  United 
States  failed  to  protect  them  in  what  they  were  pleased  to 
call  their  rights,  the  pioneers  organized  claim  associations 
or  land  clubs  to  guarantee  to  every  bona  fide  settler  his 
claim  until  he  was  enabled  to  purchase  the  same  from  the 
government.  Probably  a  hundred  or  more  of  these  claim 
associations  or  land  clubs  were  formed  in  early  Iowa ;  and 
the  constitutions  and  by-laws  adopted  by  the  members 
with  no  authority  from  the  United  States  were  as  binding 
upon  the  early  settlers  of  Iowa  as  if  they  had  been  written 
in  the  statutes  of  Congress.  A  significant  entry  upon  the 
records  of  the  Fort  Dodge  Claim  Club  reads :  "If  any 
member  of  this  Club  finds  his  or  any  of  his  friends  Clames 
has  been  Jumpt  that  they  inform  this  Club  of  the  fact 
and  that  this  Club  forthwith  put  them  off  of  said  clame 
without  trobling  the  Sivel  Law." 


FOUNDATIONS    OF   GOVERNMENT    IN    IOWA.        25 


QUESTIONS    ON   THE   TEXT. 

1.  Wl  at  was  the  purpose  of  agreement  entered  into  by  the  Dubuque 
miners  ? 

2.  Who  were  the  Squatters? 

3.  How  did  the  Squatters  protect  their  claims  in  Iowa? 


ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Early  History  of  Lead  Mining  in  the  Iowa  Country,  I.  J.  H.  P.,  Vol.  XIII, 
P-  3- 

Dubuque:  Its  History,  Mines,  Indian  Legends,  etc.,  I.  J.  H.  P.,  Vol.  VIII, 
p.  366. 

The  Attitude  of  Congress  toward  the  Pioneers  of  the  West  from  1780-1820, 
I.  J.  H.  P.,  Vol.  VIII,  p.  3.  Also  for  period  1820-1850,  see  I.  J.  PI.  P.,  Vol. 
IX,  p.  196. 

Early  Land  Claims  in  Dcs  Moines  County,  I.  J.  H.  P.,  Vol.  X,  p.  255. 


CHAPTER  V. 

THE   ORGANIC   ACT   AND    CONSTITUTIONS 

OF  IOWA. 

The  Organic  Act  of  1838.  —  The  organization  of  the 
Iowa  District  into  the  Territory  of  Iowa  on  July  4,  1838, 
by  the  act  of  Congress  approved  on  June  12,  1838,  was 
accomplished  by  provisions  defining  the  powers  and  duties 
of  the  new  territorial  government.  This  act  of  Congress 
establishing  the  Territory  of  Iowa  was  not  a  new  creation : 
it  was  simply  a  product  of  that  most  interesting  evolu- 
tionary development  in  territorial  government  that  took 
place  throughout  the  North  and  West.  As  in  the  case  of 
other  territorial  governments  created  by  Congress,  the 
Organic  Act  of  the  Territory  of  Iowa  was  a  grant  to  a 
people  whose  consent  was  not  asked  —  in  spite  of  the  fact 
that  the  Fathers  of  the  Republic  had  declared  that  govern- 
ments derive  their  just  powers  from  the  consent  of  the 
governed. 

The  Territorial  Governor.  —  The  provisions  of  the 
Organic  Act  of  the  Territory  of  Iowa  were  liberal  and  in 
keeping  with  the  evolution  of  democracy.  At  the  same 
time  the  Governor  —  the  much  hated  official  in  colonial 
times  —  was  made  the  central  figure  and  chief  authority 
in  the  government.     He  represented   the  national  govern- 

36 


ORGANIC   ACT   AND   CONSTITUTIONS  OF   IOWA.     27 

merit  as  the  royal  governors  had  represented  the  crown ; 
and  he  had  an  absolute  veto  on  all  acts  of  the  two  houses 
of  the  Legislative  Assembly.  He  also  acted  as  Superin- 
tendent of  Indian  affairs  within  the  Territory. 

The  Territorial  Legislature.  —  The  law-making  body, 
called  the  Legislative  Assembly,  was  composed  of  two 
houses,  —  a  Council  and  a  House  of  Representatives.  The 
Council  consisted  of  thirteen  members,  elected  biennially ; 
while  the  House  of  Representatives  was  composed  of 
twenty-six  members,  elected  annually.  The  Territorial 
Assembly  was  vested  with  power  over  "  all  rightful  subjects 
of  legislation."  This,  however,  did  not  give  it  unlimited 
power,  for  in  addition  to  the  specific  limitations  contained 
in  the  Organic  Act,  Congress  still  had  power  to  declare  null 
and  void  any  of  its  acts. 

The  Territorial  Judiciary.  —  The  courts  of  the  Territory 
were  created  by  Congress  and  consisted  of  a  supreme  court, 
district  courts,  probate  courts,  and  justices  of  the  peace 
courts.  The  supreme  court  consisted  of  a  chief  justice 
and  two  associate  justices  appointed  by  the  President  of 
the  United  States  for  a  period  of  four  years.  The  Organic 
Act  gave  the  Governor  power  to  appoint,  with  the  advice 
and  consent  of  the  Legislative  Council,  all  judicial  officers, 
justices  of  the  peace,  sheriffs,  and  all  militia  officers. 

The  First  Governor.  —  Many  of  the  pioneers  of  Iowa 
had  participated  in  the  administration  of  government  in 
the  States  from  which  they  had  come,  and  as  members  of 
the  Territorial  legislature  of  Iowa  they  bitterly  complained 
of  the  "  arbitrary  acts  "  of  the  first  Territorial  Governor, 


28  THE   GOVERNMENT   OF   IOWA. 

Robert  Lucas,  who  did  not  hesitate  to  veto  measures  that 
did  not  meet  with  his  approval.  The  independent,  liberty- 
loving  pioneers  of  Iowa,  drew  up  a  remonstrance  and 
petition  to  the  President  of  the  United  States  for  a  redress 
of  grievances  (January  15,  1839),  in  which  they  declared 
Robert  Lucas  "  unfit  to  be  the  ruler  of  a  free  people." 

The  Organic  Act  Amended.  —  Governor  Lucas  was  not 
removed  from  office,  but  the  remonstrance  was  not  with- 
out effect.  Within  three  months  Congress  had  passed  two 
amendments  to  the  Organic  Act  of  Iowa,  limiting  the 
Governor's  veto  and  appointing  power  and  thus  making 
the  territorial  government  more  distinctly  a  government 
of  the  people.  As  thus  amended  the  Organic  Act  of  1838 
established  for  the  pioneers  of  Iowa  a  government  which 
served  as  a  sort  of  training  school  in  public  affairs.  Nor 
did  Congress  fail  to  recognize  their  ability  to  administer 
their  own  local  affairs  in  keeping  with  the  fundamental 
ideals  of  the  Republic ;  for  within  a  remarkably  short 
time  Iowa  was  admitted  into  the  Union  on  an  equal  foot- 
ing with  the  original  States. 

The  First  Steps  toward  Statehood.  —  The  Territory  of 
Iowa  was  scarcely  a  year  and  a  half  old  when  the  first 
steps  looking  toward  admission  into  the  Union  were  taken. 
In  his  message  to  the  Legislative  Assembly  in  November, 
1839,  Governor  Lucas  recommended  a  memorial  to  Con- 
gress asking  permission  to  form  a  Constitution  and  State 
government;  but  in,  this  recommendation  the  Territorial 
Legislature  did  not  concur.  The  members  hesitated  to  take 
any  action  which  might  ultimately  throw  the  burdens  of 


ORGANIC   ACT   AND    CONSTITUTIONS    OF    IOWA.      29 

statehood  upon  the  settlers,  most  of  whom  had  not  yet 
paid  for  their  claims.  Indeed,  they  were  content  with 
existing  conditions  and  well  satisfied  to  let  Congress  defray 
the  expenses  of  the  territorial  government. 

In  1840  Governor  Lucas  asked  that  the  subject  of  state- 
hood be  submitted  to  a  vote  of  the  people  of  the  Territory. 
This  recommendation  was  followed  by  the  Legislative  As- 
sembly and  provision  was  made  for  ascertaining  the  wishes 
of  the  people.  At  the  election  in  1840  the  people  promptly 
voted  down  the  proposition  as  emphatically  as  the  Terri- 
torial Legislature  had  done  the  year  before. 

In  December,  1841,  the  new  Territorial  Governor,  John 
Chambers,  recommended  that  the  question  of  statehood  be 
again  submitted  to  the  people.  The  Legislative  Assembly 
again  enacted  the  necessary  legislation.  At  the  election  in 
August,  1842,  every  county  in  the  Territory  declared  against 
State  organization.  The  matter  of  additional  expense  to 
the  people  which  would  follow  State  organization  was  the 
chief  cause  of  opposition  to  the  proposition.     In  December, 

1843,  the  subject  of  statehood  was  again  called  up  by  the 
Governor.  Early  in  1844  provision  was  made  for  an  ex- 
pression of  opinion  by  the  people,  who  at  the  April  election 
of  that  year  favored  by  a  considerable  majority  the  forma- 
tion of  a  State  government. 

The  Constitution  of  1844.  —  The  convention  called  to 
frame  a  State  Constitution  met  at  Iowa  City  in  October, 

1844.  It  consisted  of  seventy-two  members  and  continued 
in  session  twenty-six  days.  It  prescribed  what  are  known 
as  the  Lucas  Boundaries  for   the  proposed  State.     (See 


30  THE   GOVERNMENT   OF   IOWA. 

Map  IV.)  Congress,  however,  in  passing  the  act  of  admis- 
sion in  1845  prescribed  what  are  known  as  the  Nicollet 
Boundaries.  (See  Map  V.)  Thus  when  the  people  came 
to  vote  upon  the  acceptance  of  the  Constitution  of  1844, 
many  hesitated  to  give  it  their  approval,  fearing  that  an 
approval  of  the  Constitution  would  be  construed  as  an 
acceptance  of  the  Nicollet  Boundaries  prescribed  by  Con- 
gress. Twice  in  the  year  1845  the  Constitution  of  1844 
was  submitted  to  the  people  of  Iowa,  and  twice  it  was 
rejected  by  them.  The  people  of  Iowa  preferred  to  re- 
main under  territorial  government  rather  than  give  up  the 
Missouri  River  as  the  western  boundary  of  the  proposed 
State. 

The  Constitution  of  1846.  —  When  they  met  on  the 
first  Monday  in  December,  1845,  the  members  of  the  Ter- 
ritorial Legislature  found  themselves  confronted  with  the 
old  subject  of  statehood  —  a  problem  which  had  been 
before  the  people  and  the  Legislative  Assembly  for  the  past 
six  years.  The  Legislative  Assembly  now  made  provision 
for  another  Constitutional  Convention,  which  met  at  Iowa 
City  in  May,  1846.  The  new  Convention  consisted  of 
thirty-two  delegates  who  completed  their  work  of  drafting 
a  Constitution  in  just  fifteen  days.  The  Constitution  of 
1846,  although  closely  resembling  the  Constitution  of  1844, 
was  shorter  and  more  carefully  drawn.  In  order  to  avoid 
another  dispute  over  boundaries  the  Committee  on  Terri- 
tories in  the  United  States  House  of  Representatives  sug- 
gested as  a  compromise  the  present  State  boundaries. 
(See  Maps  IV  and  V.)     These  boundaries  were  accepted 


ORGANIC   ACT   AND   CONSTITUTIONS   OF   IOWA.      31 

by  the  Convention  at  Iowa  City.  The  Constitution  of 
1846  with  the  compromise  boundaries  was  submitted  to  the 
voters  of  Iowa  on  August  3,  1846,  and  was  adopted  by  the 
small  majority  of  456  out  of  18,528  votes. 

Admission  to  the  Union.  —  Congress  and  the  people  of 
Iowa  had  now  agreed  upon  the  boundaries  of  the  proposed 
State.  The  people  had  ratified  the  Constitution  as  sub- 
mitted by  the  Convention  of  1846.  And  so  in  October, 
1846,  the  first  State  officers  were  elected,  and  State  govern- 
ment was  inaugurated  in  the  first  week  of  December. 
The  formal  admission  of  Iowa  into  the  Union  was  not 
effected,  however,  until  December  28,  1846,  when  President 
Polk  attached  his  signature  to  a  bill  providing  for  the 
admission  of  Iowa  "  into  the  Union  on  an  equal  footing 
with  the  original  States  in  all  respects  whatsoever." 

The  Revision  of  the  Constitution  of  1846.  —  The  Con- 
stitution of  1846  was  not  adopted  altogether  on  its  merits : 
the  people  were  anxious  to  get  into  the  Union  and  they 
saw  in  the  prompt  adoption  of  the  proposed  Constitution 
the  easiest  means  of  accomplishing  that  end.  The  undesir- 
able provisions  of  the  Constitution  could  be  changed  after 
admission ;  while  Congress  might  not  again  feel  as  readily 
disposed  to  grant  admission. 

Scarcely  had  the  Constitution  of  1846  been  ratified  by 
the  people  and  Iowa  admitted  into  the  Union  before  active 
steps  were  taken  looking  toward  the  future  revision  of  the 
fundamental  law.  As  long,  however,  as  the  Democrats 
controlled  the  General  Assembly,  they  refused  to  allow  the 
subject  of  revision  to  be  submitted  to  the  people.     When 


32  THE   GOVERNMENT   OF   IOWA. 

Governor  James  W.  Grimes  was  elected  in  1854  the  Whig 
party  gained  control  of  the  General  Assembly,  and  it 
quickly  passed  an  act  providing  for  the  taking  of  "a  vote 
of  the  people  for  or  against  a  convention  to  revise  or  amend 
the  Constitution." 

The  Third  Constitutional  Convention.  —  In  the  ten  years 
following  the  adoption  of  the  Constitution  of  1846  the 
population  of  Iowa  had  grown  from  102,388  in  1846  to 
517,875  in  1856.  The  majority  of  18,628  votes  in  favor 
of  a  convention  to  revise  and  amend  the  Constitution  was 
now  larger  than  the  total  number  of  votes  cast  for  the 
Constitution  of  1846. 

The  third  Constitutional  Convention  which  assembled 
at  Iowa  City  in  January,  1857,  consisted  of  thirty-six  dele- 
gates. After  a  session  of  thirty-nine  days,  it  adjourned 
on  March  5,  1857.  The  Constitution  which  it  drafted  was 
a  revision  of  the  instrument  of  1846 ;  but  it  was  fuller, 
more  complete,  and  better  adapted  to  the  conditions  of  the 
rapidly  growing  Commonwealth.  The  Whigs  had  always 
maintained  that  the  Constitution  of  1846  was  a  code  of 
"  Democratic  partizan  dogmas."  The  Constitution  of 
1857  repealed  many  of  these  so-called  Democratic  dogmas; 
and  so  the  Democrats  in  turn  referred  to  the  new  Constitu- 
tion as  the  "  Republican  Code." 

A  majority  of  1630  votes  was  cast  for  the  new  Con- 
stitution; and  on  September  3,  1857,  it  was  declared  by 
the  Governor  to  be  "  the  supreme  law  of  the  State  of 
Iowa."  This  Constitution  has  remained  the  fundamental 
law  of  the  State  for  over  half  a  century.     It  has  been 


ORGANIC   ACT   AND   CONSTITUTIONS    OF   IOWA.      33 

amended  from  time  to  time,  but  the  body  of  the  Constitu- 
tion remains  as  adopted  in  1857. 

The  Important  Parts  of  a  Constitution.  —  America  has 
always  been  the  home  of  constitutional  government ;  and 
so  we  should  not  expect  to  find  the  Constitution  of  Iowa 
differing  widely  in  fundamental  principles  from  the  con- 
stitutions of  the  thirteen  original  States  or,  indeed,  of  the 
fifteen  Commonwealths  which  preceded  Iowa  in  admission 
to  the  Union. 

Professor  John  W.  Burgess  says  that  a  complete  con- 
stitution of  government  consists  of  three  fundamental 
parts :  (1)  the  constitution  of  liberty  or  bill  of  rights, 
which  sets  forth  the  immunities  and  positive  rights  enjoyed 
by  the  citizens;  (2)  the  constitution  of  government,  that 
is,  the  body  of  the  constitution  which  defines  the  great 
departments  of  government  and  limits  their  respective 
spheres ;  (3)  the  amending  clause,  which  provides  for 
future  changes  in  the  constitution.  The  Constitution  of 
Iowa  makes  adequate  provision  for  these  three  parts, 
which  will  be  considered  in  detail  in  the  chapters  that 
follow. 

The  Preamble.  —  A  preamble  is  not  a  necessary  part  of 
a  constitution.  It  frequently  serves  as  an  introduction, 
stating  the  reasons  for  the  adoption  of  the  constitution 
and  specifying  the  authority  from  which  it  emanates.  The 
preamble  of  the  Iowa  Constitution  of  1857  specifies  the 
people  as  the  sovereign  authority ;  acknowledges  dependence 
upon  the  Supreme  Being ;  gives  the  name  Iowa  to  the 
State ;   and  defines  its  boundaries. 


34 


THE   GOVERNMENT   OF   IOWA. 


QUESTIONS   ON   THE  TEXT. 

i.  What  was  the  Organic  Act  of  the  Territory  of  Iowa? 

2.  What  was  the  position  of  the  Territorial  Governor? 

3.  What  was  the  composition  of  the  Territorial  Legislature? 

4.  How  were  the  Judges  of  the  Territorial  courts  chosen? 

5.  Why  did  Robert  Lucas,  the  first  Governor,  get  into  trouble  with 
the  Legislative  Assembly  ? 

6.  Why  were  the  first  steps  toward  statehood  rejected  in  Iowa? 

7.  Why  did  the  people  of  Iowa  refuse  to  come  into  the  Union  in  1845? 

8.  When  was  Iowa  admitted  into  the  Union  ? 

9.  Why  did  the  Democrats  reject  all  propositions  to  amend  the  Con- 
stitution of  1846? 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  arid  Politics. 

Making  a  New  State,  Aurner's  Iowa  Stories,  Bk.  II,  p.  49. 

Building  a  New  Capital  City,  Aurner's  Iowa  Stories,  Bk.  II,  p.  57. 

Removal  of  the  Capital  from  Iowa  City  to  Des  Moines,  I.  J.  H.  P.,  Vol. 
XIV,  p.  56. 

Arguments  in  Favor  of  the  Admission  of  Iowa  into  the  Union,  I.  J.  H.  P., 
Vol.  XIV,  p.  395- 


CHAPTER  VI. 

OUR   CIVIL  RIGHTS. 

The  Rights  of  Man.  —  The  rights  or  liberties  of  man 
were  obtained  only  after  long  years  of  struggle  against  the 
arbitrary  government  of  kings  and  monarchs  who  insisted 
that  they  and  not  the  people  were  the  source  of  power  and 
authority  in  the  State.  When  King  John  agreed  to  abide 
by  the  provisions  of  Magna  Charta  in  121 5  and  when 
William  and  Mary  signed  the  famous  Bill  of  Rights  in  1689, 
government  by  the  people  won  lasting  victories ;  for  when 
acknowledged  limitations  had  once  been  placed  upon  the 
power  of  the  king,  self-government  was  possible  and  the 
rights  of  man  secure. 

Political  Inheritances.  —  Our  American  forefathers 
cherished  the  rights  which  Englishmen  had  secured,  and 
in  the  Declaration  of  Independence  and  Constitution  of 
the  United  States  they  reasserted  these  fundamental  rights 
of  man.  Most  of  the  constitutions  of  the  thirteen  original 
States  contained  long  bills  of  rights ;  and  although  there 
has  not  been  the  same  necessity  to  provide  for  the  protec- 
tion of  the  people  against  arbitrary  power,  nevertheless  the 
new  States  as  they  were  admitted  into  the  Union  prefaced 
their  constitutions  with  all  of  the  old  time  fundamental 
guarantee  of  rights  and  frequently  added  new  ones  to  fit 
local  circumstances  and  changed  conditions. 

35 


36  THE   GOVERNMENT   OF    IOWA. 

The  Iowa  Bill  of  Rights.  —  It  is,  therefore,  not  surprising 
to  find  among  the  twenty-five  sections  of  the  Iowa  Bill  of 
Rights  much  that  is  familiar  and  little  that  is  new.  A 
brief  reference  to  the  provisions  of  these  sections  will 
suffice. 

Rights  of  Persons.  —  "  All  men  are,  by  nature,  free  and 
equal  " ;  and  the  people  have  the  right  of  "  defending  life 
and  liberty,  acquiring,  possessing,  and  protecting  property, 
and  pursuing  and  obtaining  safety  and  happiness." 

Popular  Sovereignty.  —  The  doctrine  of  the  Revolution, 
that  political  power  belongs  to  the  people  and  that  they 
have  a  right  to  alter  or  reform  government  whenever  the 
public  good  demands  it,  is  also  asserted.  Thus  the  pro- 
tection and  security  of  the  people  rests  with  the  people 
themselves. 

Religious  Freedom.  —  Complete  religious  freedom  in  all 
respects  whatsoever  is  guaranteed  more  fully  than  was 
dreamed  of  in  1776.  The  people  of  Iowa  are  free  to  wor- 
ship as  they  please.  But  no  one  may  indulge  in  immoral 
practices  under  the  cloak  of  religious  freedom. 

Duelling.  —  The  absurd  practice,  still  witnessed  in 
Europe,  of  fighting  duels  to  settle  differences  instead  of 
appealing  to  the  courts  is  discountenanced  in  Iowa  by  a 
provision  of  the  Constitution  which  disqualifies  any  one  who 
participates  in  a  duel  from  holding  any  office  in  the  State. 

Uniform  Laws.  —  All  general  laws  must  be  uniform  in 
operation,  and  no  special  grants  or  privileges  may  be 
made  to  any  citizen  or  group  of  citizens. 


OUR   CIVIL   RIGHTS.  37 

Liberty  of  Speech  and  of  the  Press.  —  Freedom  of  speech 
and  a  free  press  are  guaranteed ;  but  every  individual  is 
held  responsible  for  the  abuse  of  this  right.  One  cannot 
slander  or  libel  his  neighbors  without  being  liable  to  be 
called  to  account  in  the  courts  and  punished. 

Personal  Security.  —  General  search  warrants  being 
expressly  prohibited,  the  citizen  is  secured  against  un- 
reasonable and  annoying  seizures  and  searches  by  the 
governmental  authorities. 

Trial  by  Jury  and  Due  Process  of  Law.  —  The  right  of 
"  trial  by  jury  "  is  guaranteed.  But  the  General  Assem- 
bly is  authorized  to  provide  for  trials  by  a  less  number  of 
jurors  than  twelve  in  inferior  courts.  This  provision  has 
been  of  great  practical  importance  in  facilitating  the  trial 
of  petty  cases  before  justices  of  the  peace.  By  "  due 
process  of  law  "  is  meant  the  strict  observance  of  all  of 
those  rules  and  forms  which  have  come  to  be  recognized 
by  law  or  custom  in  the  trial  of  accused  persons.  "  No 
person  shall  be  deprived  of  life,  liberty,  or  property,  with- 
out due  process  of  law." 

Rights  of  Accused  Persons.  —  In  the  convention  which 
drafted  the  Constitution  a  lively  contest  was  precipitated 
over  the  provision  relating  to  the  rights  of  accused  per- 
sons. It  guarantees  a  speedy  and  public  trial  by  an  im- 
partial jury  "  in  all  criminal  prosecutions,  and  in  cases 
involving  the  life  or  liberty  of  an  individual."  The  last 
clause  of  the  provision  was  thought  by  the  pro-slavery 
element  in  the  convention  to  contain  a  hidden  purpose  of 
defeating  the  Fugitive  Slave  Law. 


38  THE   GOVERNMENT   OF   IOWA. 

Trial  in  Justice  Court.  —  Summary  trial  before  a  justice 
of  the  peace  for  minor  offences  without  indictment  by  a 
grand  jury  is  authorized,  but  in  such  cases  the  right  of 
appeal  to  the  District  Court  is  preserved. 

Twice  Tried.  Bail.  —  No  person  may  be  tried  a  second 
time  for  the  same  offence.  All  but  capital  offences  are 
bailable,  by  which  is  meant  that  an  accused  person  need 
not  remain  in  jail  until  tried,  but  by  giving  the  necessary 
security  for  his  appearance  in  court  at  the  proper  time  he 
may  have  his  liberty. 

Habeas  Corpus.  —  The  ancient  right  to  the  writ  of 
habeas  corpus  is  guaranteed.  A  writ  of  habeas  corpus  is 
an  order  from  a  judge  requiring  the  person  who  is  accused 
of  unlawfully  depriving  another  of  his  liberty  to  bring 
such  person  into  open  court  in  order  that  the  question  of 
unlawful  detention  may  be  passed  upon  by  a  judicial 
tribunal.  Through  this  writ  arbitrary  arrests  and  im- 
prisonments are  prevented. 

Military.  —  The  military,  which  has  often  been  the  arm 
of  despotism,  is  completely  subordinated  to  the  civil  au- 
thority and  is,  indeed,  dependent  upon  it  for  support  by 
appropriations,  which  may  not  be  voted  for  more  than 
two  years  at  a  time. 

Quartering  Soldiers.  —  The  quartering  of  soldiers  in 
time  of  peace  in  any  house  without  the  consent  of  the 
owner  is  prohibited. 

Treason.  —  The  definition  of  treason,  says  Professor 
Burgess,  is  one  of  the  greatest  safeguards  of  liberty,  for 


OUR   CIVIL   RIGHTS.  39 

the  governing  party  must  not  be  allowed  to  treat  peace- 
able opposition  to  its  policies  as  disloyalty  to  the  country 
or  as  treason  against  the  State.  Therefore,  it  is  provided 
in  the  Constitution  of  Iowa  that  treason  shall  consist  only 
in  levying  war  against  the  State,  adhering  to  its  enemies, 
or  giving  to  such  enemies  aid  and  comfort.  It  is  for  the 
courts  to  determine  whether  in  any  particular  case  treason 
has  been  committed. 

Bail.  Fines.  Punishment.  —  "  Excessive  bail  shall  not 
be  required ;  excessive  fines  shall  not  be  imposed,  and 
cruel  and  unusual  punishment  shall  not  be  inflicted." 
These  provisions  guarantee  the  accused  fair  and  humane 
treatment.  They  do  not,  however,  prohibit  the  death 
penalty  for  crime.  In  some  States  the  courts  have  been 
called  upon  to  determine  whether  electrocution  could  be 
lawfully  practiced  and  they  have  held  that  such  form  of 
punishment  is  not  prohibited. 

Eminent  Domain.  —  Section  eighteen  not  only  prohibits 
the  taking  of  private  property  for  public  use  without  just 
compensation,  but  still  further  fortifies  private  property 
rights  against  condemnation  by  prohibiting  the  taking 
into  account  of  any  advantages  that  may  result  to  the 
owner  on  account  of  the  improvement  for  which  it  is  taken. 

Moreover,  this  same  section  of  the  Bill  of  Rights  has 
been  the  subject  of  one  of  the  more  recent  amendments  of 
the  Constitution.  In  November,  1908,  the  voters  of  Iowa 
adopted  a  long  paragraph  authorizing  the  General  Assem- 
bly to  "pass  laws  permitting  the  owners  of  lands  to  con- 
struct drains,  ditches,  and  levees  for  agricultural,  sanitary, 


40  THE   GOVERNMENT   OF   IOWA. 

or  mining  purposes  across  the  lands  of  others,  and  provide 
for  the  organization  of  drainage  districts,"  etc.  Such 
legislation  was  especially  desired  in  the  northern  and 
northwestern  parts  of  the  State,  where  great  tracts  of 
swamp  or  marsh  lands  have  since  been  reclaimed  for  agri- 
culture and  grazing  purposes. 

Imprisonment  for  Debt.  —  No  one  may  be  imprisoned 
for  debt  in  Iowa.  This  is  a  barbarous  and  useless  punish- 
ment which  was  generally  abolished  during  the  nineteenth 
century. 

The  Right  of  Assembly  and  Petition.  —  The  right  of  the 
people  to  assemble  and  their  right  to  petition  the  govern- 
ment for  a  redress  of  grievances  are  fully  guaranteed  in 
Iowa.  These  guarantees,  however,  do  not  apply  in  dis- 
tricts where  martial  law  has  been  declared  to  be  in  force. 
Thus,  during  the  button  workers'  strike  in  Muscatine  in 
the  spring  of  191 1,  when  it  was  necessary  to  call  upon  the 
military  department  to  maintain  peace  and  order,  the 
town  was  placed  under  martial  law  and  the  people  were  not 
allowed  to  assemble  even  for  the  purpose  of  prayer. 

Attainder.  Ex  post  facto  Laws.  Contracts. — The  Fed- 
eral Constitution  declares  that,  "  No  state  shall  .  .  .  pass 
any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  obligation  of  contracts."  Evidently  to  make  doubly 
sure  of  these  prohibitions  in  Iowa,  such  legislation  is  like- 
wise prohibited  by  the  Bill  of  Rights  of  the  State  Con- 
stitution. 

Resident  Aliens.  —  Emigration  of  foreigners  to  the 
State  is  encouraged  by  guaranteeing  to  them  "  the  same 


OUR   CIVIL   RIGHTS.  4* 

rights  in  respect  to  the  possession,  enjoyment  and  descent 
property,  as  native-born  citizens." 

Slavery.  —  The  wise  provision  of  the  Northwest  Ordi- 
nance of  1787  prohibiting  slavery  and  involuntary  servi- 
tude except  as  a  punishment  for  crime  was  included  in  the 
Bill  of  Rights  of  the  Constitution  of  1844,  the  Constitution 
of  1846,  and  again  in  the  Constitution  of  1857  ;  and  so 
Iowa  is  entitled  to  the  claim  of  being  "  the  first  free 
State  in  the  Louisiana  Purchase." 

Reservation  of  Rents.  —  The  provisions  of  section  twenty- 
four  are  not  found  in  the  Constitution  of  1846.  They  pro- 
hibit leases  or  grants  of  agricultural  lands  reserving  rent 
for  a  longer  period  than  twenty  years.  "  This  section," 
says  Judge  Emlin  McClain,  "  seems  to  have  been  bor- 
rowed from  New  York,  where  the  determination  of  the 
rights  of  tenants  under  long  leases  had  become  a  subject  of 
controversy ;  but  there  has  never  been  any  system  of  land 
tenure  in  this  State  to  which  the  provision  has  been  found 
applicable." 

Rights  Retained.  —  The  last  section  of  the  Bill  of  Rights 
is  in  substance  a  repetition  of  the  familiar  expression  of  the 
political  philosophy  of  the  Revolution  that  "  this  enumera- 
tion of  rights  shall  not  be  construed  to  impair  or  deny 
others,  retained  by  the  people." 

Intoxicating  Liquors.  —  In  1882  the  people  of  Iowa  voted 
to  add  a  section  to  the  Bill  of  Rights  prohibiting  the  manu- 
facture and  sale  of  intoxicating  liquors.  In  the  following 
year,  however,  the   supreme  court  of   the  State  declared 


42  THE    GOVERNMENT    OF    IOWA. 

that  the  amendment  had  not  been  properly  adopted  and 
was,  therefore,  no  part  of  the  Constitution. 

The  proposition  was  resubmitted  in  191 7,  and  defeat- 
ed at  the  polls  by  780  votes. 

Iowa,  however,  ratified  the  Eighteenth  Amendment  to 
the  Constitution  of  the  United  States  in  January,  1919, 
which  prohibits  the  manufacture  and  sale  of  intoxicating 
liquors  within  the  United  States  or  their  importation  or 
exportation.  This  amendment  was  proclaimed  January 
29,  1919,  to  have  been  properly  adopted  and  made  a  part 
of  the  Constitution  of  the  United  States. 

Although  Iowa  was  listed  as  a  "dry"  State  by  virtue  of 
the  legislation  of  the  36th  General  Assembly,  which  took 
effect  January  1,  1916,  now  Federal  prohibition  is  enforced 
in  Iowa  as  well  as  in  all  the  other  States  of  the  Union  as 
the  result  of  the  adoption  of  the  Eighteenth  Amendment. 

The  Sources  of  Our  Rights.  —  It  is  a  fact  that  the  rights 
and  liberties  enumerated  in  the  Constitution  of  Iowa  are 
for  the  most  part  inheritances ;  they  are  not  of  local  origin. 
They  were  originally  in  many  instances  unwilling  conces- 
sions of  English  kings.  What  our  ancestors  fought  and 
died  for  are  to-day  our  most  cherished  political  inheritances. 

QUESTIONS  ON  THE  TEXT. 

1.  What  are  the  important  parts  of  a  constitution? 

2.  What  purpose  does  the  preamble  of  a  constitution  serve? 

3.  What  are  our  political  inheritances? 

4.  What  may  be  said  of  the  Iowa  Bill  of  Rights? 

5.  Make  a  list  of  the  ten  rights  you  deem  most  important. 

6.  Why  is  it  well  that  treason  is  carefully  defined  in  the  Constitution? 

7.  From  what  sources  are  our  civil  rights  derived? 


CHAPTER  VII. 
SUFFRAGE,   ELECTIONS,   PARTY  MACHINERY. 

The  Right  to  Vote.  —  In  order  to  be  a  leader  one  must 
have  a  following.  In  order  to  have  representative  govern- 
ment the  people  must  have  the  right  to  choose  persons  to 
represent  them.  The  right  of  choice  we  call  the  suffrage 
or  the  right  of  voting ;  and  the  mode  and  time  of  exercising 
this  privilege  we  call  the  election. 

We  commonly  speak  of  the  right  to  vote.  Yet  voting  is 
a  privilege  and  not  a  right  in  the  sense  in  which  the  guaran- 
tees and  immunities  listed  in  the  Bill  of  Rights  are  con- 
sidered. Many  people  believe  that  suffrage  and  citizen- 
ship are  the  same,  that  is,  they  seem  to  think  that  only 
those  who  vote  are  citizens.  No  greater  mistake  could  be 
made;  for  citizenship  is  recognized  membership  in  a  po- 
litical community  and  applies  to  all  persons — men,  women, 
and  children  —  whose  rights  as  citizens  are  equal.  The 
constitution  of  a  State  provides  what  citizens  or  classes  of 
citizens  shall  enjoy  the  privilege  of  voting,  of  holding 
office,  and  of  participating  in  other  political  privileges. 

Citizenship  and  Suffrage.  —  The  Constitution  of  the 
United  States  defines  citizenship  by  declaring  that,  "  All 
persons  born  or  naturalized  in  the  United  States,  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United 
States,    and    of    the    state  wherein    they  reside."    The 

43 


44  THE    GOVERNMENT    OF   IOWA. 

States,  therefore,  cannot  exclude  from  State  citizenship 
any  one  who  has  been  born  or  naturalized  in  the  United 
States.  But  the  States  may  make  reasonable  provisions 
relative  to  the  residence  in  order  to  insure  loyalty  and  at- 
tachment to  the  State  government.  Under  the  provisions 
of  the  Federal  Constitution  the  States  have  had  the  ex- 
clusive right  to  determine  who  might  be  entitled  to  enjoy 
the  privilege  of  voting  within  their  borders,  subject  to 
the  limitations  imposed  by  the  Fifteenth  and  Nineteenth 
Amendments  to  the  Constitution  of  the  United  States. 
Some  States  allow  unnaturalized  foreigners  to  vote;  and 
some  refuse  the  ballot  to  persons  who  cannot  read  and  write. 

Voters  in  Iowa.  —  The  constitution  of  Iowa  extends  the 
right  to  vote  only  to  male  citizens  of  the  United  States 
who  are  twenty-one  years  of  age  and  who  have  resided 
within  the  State  for  six  months  and  in  the  County  sixty 
days  preceding  the  election.  There  are,  however,  certain 
disqualifications.  No  idiot,  or  insane  person,  or  person 
convicted  of  any  infamous  crime,  shall  exercise  the  privi- 
lege of  voting;  nor  can  any  person  in  the  military,  naval,  or 
marine  service  of  the  United  States,  who  happens  to  be 
stationed  in  the  State,  claim  State  citizenship  and  the 
right  to  vote. 

The  women  of  Iowa  gained  their  right  to  vote  by  virtue 
of  the  Nineteenth  Amendment  to  the  Federal  Constitution, 
which  forbids  any  State  to  deny  or  abridge  the  right  of 
any  citizen  of  the  United  States  to  vote  on  account  of  sex.1 

Elections.  —  To  provide  who  shall  be  entitled  to  the 

1  Iowa  ratified  this  amendment  July  2,  iqiq,  being  the  tenth  State  to  do  so. 


SUFFRAGE,  ELECTIONS,  PARTY   MACHINERY.         45 

suffrage  is  onl>  one  of  the  regulations  as  to  voting.  Pro- 
visions relative  to  how,  when,  and  where  the  voting  shall 
take  place  are  of  equal  importance.  An  amendment  to  the 
Constitution  of  Iowa  adopted  in  1884  provides  that  the 
general  election  should  be  held  on  the  Tuesday  next  after 
the  first  Monday  in  November;  as  did  also  the  biennial 
election  amendment  of  1904.  But  in  1916  the  amendment 
of  1884  was  repealed  and  the  General  Assembly  was  au- 
thorized to  fix  the  time  of  holding  the  general  State  elec- 
tion. Federal  law  requires  that  presidential  electors, 
United  States  Senators  and  Representatives  shall  be 
chosen  on  the  Tuesday  next  after  the  first  Monday  in 
November.  Therefore  until  the  Legislature  exercises  its 
right  to  change  the  time  for  the  holding  of  the  general 
State  election  (which  it  has  not  yet  done)  such  elections 
will  continue  to  be  held  as  heretofore  on  the  same  day  as 
Federal  elections. 

Voting  a  Duty.  —  While  voting  is  a  privilege,  it  should 
also  be  held  a  sacred  duty  by  those  who  enjoy  it;  for  the 
fate  of  the  government  rests  in  the  hands  of  the  people, 
and  if  they  neglect  to  vote  for  good  men  and  good  measures, 
they  will  soon  find  selfish  men  promoting  only  selfish  inter- 
ests in  control  of  public  affairs.  The  census  of  Iowa  for 
191 5  lists  684,639  males  of  voting  age  in  the  State  —  not 
taking  into  consideration,  however,  qualifications  as  to 
residence  and  naturalization.  At  the  presidential  election 
of  1916  the  total  number  of  votes  cast  in  the  State  was 
516,954.  Some  of  the  167,685  stay-at-homes  can  be  ac- 
counted for;  but  even  after  making  liberal  deductions  for 


46  THE    GOVERNMENT   OF    IOWA. 

the  insane,  the  idiotic,  prisoners,  sickness,  old  age,  and  the 
like,  it  is  apparent  that  there  are  still  entirely  too  many 
upon  whom  the  duty  of  casting  a  ballot  rests  too  lightly. 

Methods  of  Expressing  the  Popular  Will.  —  The  Con- 
stitution of  the  State  has  wisely  left  the  Legislature  to 
enact  the  details  as  to  how  the  will  of  the  people  shall  be 
expressed.  Accordingly,  provision  has  been  made  by  law 
for  the  registration  of  voters,  for  the  creation  of  election 
precincts,  for  the  selection  of  election  officers,  for  the  form 
and  printing  of  ballots,  how  ballots  should  be  received, 
marked,  returned,  deposited,  counted,  and  the  like. 

The  earlier  method  of  voting  was  viva  voce,  each  voter 
orally  announcing  his  choice.  This  was  too  public,  and 
the  demand  for  a  secret  ballot  led  to  the  adoption  of  written 
ballots,  each  party  printing  its  own  tickets.  Finally,  in 
1892  there  was  adopted  in  Iowa  the  Australian  ballot 
system  by  which  all  candidates  appear  on  one  ballot  that 
is  prepared  and  distributed  by  the  State.  The  voter  enters 
a  closed  booth  and  unobserved  by  any  one  makes  his  choice, 
marks  his  ballot,  and  returns  it  folded  to  the  judges  of 
election  who  deposit  it  in  the  ballot-box.  Moreover,  the 
Australian  ballot  system  has  been  adapted  to  voting  ma- 
chines which  are  now  in  use  in  certain  localities  of  the 
State.  In  1919  the  party  circle  was  restored  to  the  Iowa 
ballot  by  law.  By  making  a  cross  in  tins  circle  the  elector 
votes  a  straight  party  ticket. 

Registration.  —  Registration  becomes  necessary  where 
the  number  of  voters  is  so  numerous  that  all  are  not  per- 


SUFFRAGE,  ELECTIONS,  PARTY   MACHINERY.         47 

sonally  known  to  election  officials.  In  Iowa  voters  are 
required  to  register  prior  to  the  general  election  in  cities 
of  6000  population  or  over,  and  the  voter  must  under  oath 
answer  questions  put  to  him  to  test  his  right  to  vote  in 
the  ward  or  precinct. 

Privileges  of  Electors.  —  Voters  are  also  called  electors, 
and  the  right  of  the  qualified  voter  to  cast  his  ballot  is 
assured  by  making  him  exempt  from  arrest,  except  for 
treason,  felony,  or  breach  of  the  peace,  while  going  to  and 
from  the  polls.  He  is  likewise  exempt  from  military  duty 
on  election  day,  except  in  time  of  war  or  great  public 
danger.  During  the  Civil  War  the  Iowa  soldiers  were  not 
deprived  of  their  ballots,  for  on  September  n,  1862,  the 
General  Assembly  of  Iowa  passed  an  act  which  provided 
for  "a  poll  .  .  .  whether  within  or  without  the  State, 
where  a  Regiment,  Battalion,  Battery  or  Company  of 
Iowa  soldiers  may  be  found  or  stationed";  and  the  votes 
were  counted  as  if  they  had  been  cast  in  the  State.  Under 
this  same  act  Iowa  national  guardsmen  in  service  on  the 
Mexican  border  in  191 6  were  also  permitted  to  vote. 

Absent  Voters'  Law.  —  In  every  community  there  will 
always  be  found  voters  who  on  account  of  business  or  other 
good  reasons  are  unable  to  be  at  home  on  election  day  to 
personally  cast  their  ballots.  Prior  to  19 15  such  persons 
lost  their  votes.  Elections  being  held  on  Tuesday,  com- 
mercial travellers  were  either  obliged  to  forego  the  perform- 
ance of  their  civic  duties  or  lose  two  days  on  the  road.  In 
like  manner  students  of  voting  age  away  at  college  were 


48  THE   GOVERNMENT   OF   IOWA. 

obliged  to  incur  the  expense  of  returning  home  to  vote  or  lose 
their  votes.  Now,  however,  any  qualified  elector  of  the 
State  who  is  absent  or  expects  to  be  absent  from  his  home  on 
election  day  or  who  on  account  of  illness  or  physical  dis- 
ability is  unable  to  go  to  the  polls  and  vote  in  person  may 
obtain,  upon  proper  application,  an  official  ballot,  which  he 
may  vote  and  must  return  to  the  proper  officer  in  his  own 
county  on  or  before  election  day  in  order  to  have  it  counted. 
Adequate  provisions  are  made  for  the  maintenance  of  the 
secrecy  of  the  ballot  both  at  the  time  of  marking  and 
counting  the  ballot.  Where  the  provisions  of  the  law  are 
thoroughly  understood  the  large  number  of  persons  of 
voting  age  but  not  voting  ought  to  be  very  materially  re- 
duced. 

Political  Parties  and  Party  Machinery.  —  How  are  the 
people  to  know  who  is  best  fitted  for  public  office?  As  a 
matter  of  fact  they  do  not  always  know.  Indeed,  few 
voters  could  make  a  list  of  the  persons  they  voted  for 
twenty-four  hours  after  a  general  election.  Intelligent 
men  will  vote  for  long  fists  of  candidates  of  whom  they 
know  little  or  nothing,  simply  because  they  represent  a 
certain  group  which  is  seeking  to  get  control  or  retain 
control  of  the  government.  These  groups  are  called  po- 
litical parties.  They  represent  differences  of  opinion  in 
the  minds  of  men  as  to  governmental  policies.  They  hold 
conventions,  draw  up  platforms,  nominate  candidates  for 
office,  and  conduct  campaigns  in  the  hope  that  the  policies 
they  advocate  and  the  men  they  nominate  will  be  indorsed 
at  the  polls  by  a  majority  of  the  voters. 


SUFFRAGE,  ELECTIONS,  PARTY  MACHINERY.    49 

Early  Political  Machinery.  —  In  the  early  history  of  Iowa 
men  announced  themselves  through  the  newspapers  as 
candidates  for  office,  often  declaring  their  views  on  im- 
portant political  questions  at  the  same  time.  Later  came 
the  caucus  and  the  convention,  by  which  the  smaller 
political  subdivisions  nominated  candidates  within  their 
own  boundaries  and  selected  delegations  to  represent  them 
in  the  next  higher  division.  Thus  a  township  caucus 
nominated  township  officers  and  appointed  delegates  to 
the  county  convention;  the  county  convention  nominated 
county  officers  and  appointed  delegates  to  the  State  con- 
vention; and  the  State  convention  nominated  State 
officers  and  chose  delegates  to  the  national  convention. 
Indifference  on  the  part  of  many,  manipulation  of  caucuses 
and  conventions  by  self-appointed  bosses,  and  selfish  men 
promoting  selfish  interests  led  in  time  to  general  dissatis- 
faction with  the  nominating  system,  not  only  in  Iowa,  but 
throughout  the  United  States.  There  was  a  demand  for  a 
system  strictly  regulated  by  law,  according  to  which  each 
voter  could  express  his  choice  of  party  candidates  with 
the  same  degree  of  secrecy  as  at  the  general  elections. 

The  Primary  Election.  —  After  several  unsuccessful 
attempts  in  the  Legislature  the  present  primary  election 
law  was  adopted  in  1907.  By  the  provisions  of  this  law 
any  person  desiring  to  become  a  candidate  for  office  first 
obtains  a  nomination  paper  blank,  either  from  the  Secre- 
tary of  State  or  from  the  County  Auditor,  according  to  the 
office  he  seeks.  This  nomination  blank  must  then  be 
signed  by  one  per  cent  of  the  voters  of  his  party  in  at  least 


50  THE    GOVERNMENT   OF   IOWA. 

ten  counties  of  the  State,  or  not  less  than  one-half  of  one 
per  cent  of  the  total  vote  of  his  party  as  shown  by  the  last 
general  election  if  the  office  sought  is  a  State  office,  United 
States  Senator,  or  Elector  at  Large.  The  nomination 
blanks  for  county  offices  must  be  signed  by  at  least  two 
per  cent  of  the  party  vote  in  the  county.  Candidates  for 
all  other  offices  (except  township  offices)  must  file  blanks 
bearing  the  signature  of  at  least  two  per  cent  of  their  party 
voters  in  half  of  the  counties  represented,  or  one  per  cent 
of  the  total  party  vote  in  the  district.  Thus  if  A  desires 
to  be  a  candidate  for  the  office  of  Sheriff  and  he  finds  that 
his  party  cast  2000  votes  at  the  last  election,  his  nomina- 
tion paper  must  bear  the  bona  fide  signatures  of  forty 
voters  who  are  also  members  of  his  party.  Having  obtained 
the  necessary  number  of  signatures,  a  candidate  for  County 
office  must  thirty  days  prior  to  the  primary  election  — 
and  all  oth^r  candidates  (except  for  township  offices  and 
judges)  must  forty  days  prior  to  the  primary  election  — 
file  in  the  office  of  the  County  Auditor  or  Secretary  of 
State,  as  the  case  may  be,  his  nomination  papers  in  order 
to  get  his  name  printed  on  the  primary  election  ballot. 

Time  and  Manner  of  Voting.  —  The  primary  election  is 
held  on  the  first  Monday  in  June  in  even  numbered  years. 
At  this  time  each  qualified  voter,  when  he  presents  him- 
self at  the  polls,  declares  his  party  affiliation  and  receives 
the  ballot  of  his  party  and  indicates  his  choice  according 
to  the  Australian  ballot  system.  If  there  are  only  two 
candidates  seeking  nomination  for  the  same  office,  then 
one  is  sure  to  have  a  majority,  or  else  there  will  be  a  tie. 


SUFFRAGE,    ELECTIONS,    PARTY    MACHINERY.         51 

Tie  votes  are  determined  by  lot  by  the  Board  of  Canvassers. 
In  case  there  are  three  or  more  candidates  for  nomination, 
no  one  is  considered  as  entitled  to  the  nomination  of  his 
party  unless  he  has  received  thirty-five  per  cent  of  his 
party  vote  (except  candidates  for  township  officers).  In 
case  no  one  receives  thirty-five  per  cent  of  his  party  vote, 
then  the  convention  called  in  compliance  with  the  primary 
election  law  is  authorized  to  make  the  nomination.  It 
sometimes  happens  that  the  one  having  the  highest  num- 
ber of  votes  at  the  primary  is  not  the  choice  of  the  con- 
vention. 

Political  Parties  Legalized.  —  Political  parties  being  thus 
recognized  by  law  in  Iowa,  our  government  is  party  gov- 
ernment. The  qualified  voters  are  given  the  widest  free- 
dom in  the  choice  of  party  candidates  for  nomination  and 
also  in  choosing  among  the  candidates  named  by  the  dif- 
ferent parties.  Thus,  a  Republican  who  chooses  among  a 
number  of  Republican  candidates  for  nomination  may  freely 
vote  for  the  Democratic  candidate  at  the  final  election. 

Party  government  may  become  corrupt;  but  the  voters 
are  absolutely  free  to  rebel  and  withdraw  from  their  party 
if  they  cannot  reform  it.  They  may  join  other  parties,  or 
organize  a  new  party  which  they  believe  better  represents 
the  public  welfare. 

QUESTIONS  ON  THE  TEXT. 

1.  Do  all  citizens  vote? 

2.  Are  all  voters  citizens? 

3.  Who  are  qualified  to  vote  in  Iowa? 

4.  To  what  classes  of  persons  is  the  ballot  denied? 


52  THE    GOVERNMENT    OF    IOWA. 

5.  When  are  general  elections  held? 

6.  Why  is  it  the  duty  of  every  qualified  citizen  to  vote? 

7.  What  is  the  Australian  ballot  system? 

8.  What  is  a  political  party? 

9.  What  is  a  primary  election?     How  does  it  work? 
10.  How  may  the  voter  rebuke  his  party  if  it  is  corrupt? 

ADDITIONAL  READINGS. 

Note.  —  I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Origin  and  Organization  of  the  Republican  Party  in  Iowa,  I.  J.  H.  P., 
Vol.  IV,  p.  487. 

The  History  and  Principles  of  the  Democratic  Party  in  Iowa,  1846-1857, 
I.  J.  H.  P.,  Vol.  VI,  p.  163. 

The  History  of  Political  Parties  in  Iowa  from  1857-1860,  I.  J.  H.  P., 
Vol.  VII,  p.  119. 

Primary  Elections  in  Iowa,  Iowa  Applied  History  Series,  Vol.  I,  p.  261. 

Corrupt  Practices  Legislation  in  Iowa,  Iowa  Applied  History  Series,  Vol. 
I,  p.  3°3- 


CHAPTER   VIII. 

THE   LEGISLATIVE   DEPARTMENT. 

The  Three  Departments  of  Government.  —  All  modern 
constitutions  recognize  the  principle  of  the  separation  of 
the  powers  of  government;  and  the  threefold  classification 
of  legislative,  executive,  and  judicial  is  universally  adopted. 
The  Iowa  Constitution  provides  for  this  separation  of 
powers  and  demands  that  those  exercising  the  powers 
properly  belonging  to  one  department  shall  not  exercise 
any  powers  belonging  to  either  of  the  others,  except  as 
expressly  permitted.  Thus,  the  people  are  guaranteed  that 
the  Legislature  will  confine  its  activities  to  the  making  of 
laws ;  that  the  Governor  and  other  executive  officials  will 
execute,  not  make  the  laws,  and  that  the  Judges  will  confine 
themselves  to  interpreting  the  law  and  applying  it  to  par- 
ticular cases. 

The  General  Assembly.  —  The  law-making  department 
of  the  State  of  Iowa  is  called  the  General  Assembly,  which 
consists  of  two  houses  —  a  Senate,  or  upper  house,  and  a 
House  of  Representatives,  or  lower  house.  In  the  making 
of  laws  the  two  houses  are  coordinate  and  equal. 

Sessions  of  the  General  Assembly.  —  The  sessions  of  the 
General  Assembly  are  biennial,  that  is,  regular  meetings 
are  held  every  two  years,  beginning  on  the  second  Monday 

53 


54  THE   GOVERNMENT   OF   IOWA. 

in  January  in  the  odd  numbered  years.  Extra  sessions 
may  be  held  at  other  times  at  the  call  of  the  Governor. 
The  sessions  of  the  General  Assembly  are  held  at  the  State 
House  in  Des  Moines,  unless  on  account  of  pestilence  or 
public  danger  the  Governor  should  convene  it  at  some 
other  place.  The  proceedings  of  the  two  houses  of  the 
General  Assembly  are  usually  public,  though  the  doors 
may  be  closed  whenever  in  the  opinion  of  the  houses  the 
subject  under  discussion  requires  secrecy. 

Adjournment.  —  There  is  no  time  set  by  law  for  the 
adjournment  of  the  General  Assembly;  but  it  usually 
adjourns  by  the  middle  of  April,  which  makes  the  legisla- 
tive period  about  ninety  days.  Each  house  sits  upon  its 
own  adjournment ;  but  neither  can  without  the  consent  of 
the  other  adjourn  for  more  than  three  days  or  to  any  other 
place.  However,  in  case  the  two  houses  cannot  agree  upon 
the  time  of  adjournment,  the  Governor  may  adjourn  the 
General  Assembly  to  such  time  as  he  may  think  proper, 
but  not  beyond  the  date  fixed  for  its  next  regular  meeting. 

The  Scope  of  Legislative  Power.  —  The  Federal  Con- 
stitution left  to  the  States  power  to  legislate  on  all  subjects 
not  granted  to  Congress  or  specially  denied  to  them. 
Moreover,  the  earlier  State  constitutions  placed  almost  no 
restrictions  upon  the  power  of  the  legislatures  which  they 
created.  Experience,  however,  has  shown  that  the  repre- 
sentatives of  the  people  cannot  always  be  trusted  with  un- 
limited authority.  Many  State  legislatures  have  been 
corrupt  and  extravagant,  and  have  betrayed  the  people's 
interests.    The  General  Assembly  of  Iowa  has,  however,  a 


THE    LEGISLATIVE   DEPARTMENT.  55 

very  clean  record.  Nevertheless,  the  framers  of  the  Con- 
stitution of  Iowa  thought  it  wise  to  place  certain  restrictions 
upon  the  power  of  the  General  Assembly.  Many  of  these 
restrictions  are  imposed  as  much  to  protect  the  Legislature 
from  annoyance  as  to  protect  the  people. 

Local  and  Special  Laws.  —  The  General  Assembly  may 
not  pass  local  or  special  laws  for  the  assessment  and  collection 
of  taxes  for  State,  County,  or  road  purposes ;  or  for  laying 
out,  opening,  and  working  roads  or  highways ;  or  for  chang- 
ing the  names  of  persons ;  or  for  the  incorporation  of  cities 
and  towns ;  or  for  locating  roads,  town  plats,  streets,  alleys, 
or  public  squares ;  or  for  locating  or  changing  County 
seats.  The  General  Assembly  may  legislate  upon  these  sub- 
jects, but  its  laws  must  be  general  and  of  uniform  operation 
throughout  the  State,  thus  avoiding  the  demand  for  special 
favors. 

Areas  and  Boundaries  of  Counties.  —  The  boundary 
lines  of  counties  cannot  be  changed  by  the  General  As- 
sembly without  the  approval  of  the  people  in  the  County 
affected.  In  addition  the  General  Assembly  is  prohibited 
from  organizing  any  new  counties  with  less  than  432  square 
miles  or  reducing  any  organized  county  below  that  area  — 
the  northern  tier  of  counties  west  of  Worth  being  excepted. 

Divorces.  Lotteries.  —  The  General  Assembly  is  pro- 
hibited from  granting  divorces ;  nor  may  it  authorize  lot- 
teries, or  the  sale  of  lottery  tickets. 

Districts.  —  In  arranging  Congressional,  Senatorial,  or 
Representative  districts  no  County  may  be  divided ;    and 


56  THE   GOVERNMENT   OF   IOWA. 

if  such  district  is  composed  of  two  or  more  counties  such 
counties  must  be  contiguous. 

Debts.  —  The  General  Assembly  cannot  authorize  any 
County,  town,  or  city  to  incur  debts  beyond  five  per 
cent  of  the  value  of  its  taxable  property  —  a  provision  which 
has  kept  the  cities  of  the  State  from  making  public  im- 
provements beyond  their  means  and  allowing  future  gen- 
erations to  pay  the  bills. 

Credit.  —  The  General  Assembly  cannot  give  or  loan  the 
credit  of  the  State  or  assume  the  debts  of  any  one,  except 
in  time  of  war  and  then  only  for  the  benefit  of  the  State. 
Nor  can  the  General  Assembly  contract  debts  in  excess  of 
$250,000,  except  in  cases  of  invasion,  insurrection,  or  the 
defence  of  the  State  in  time  of  war. 

Appropriations.  —  No  money  can  be  drawn  from  the 
treasury  of  the  State  without  an  act  appropriating  the 
same  having  first  been  passed. 

Extra  Compensation.  —  Nor  can  the  General  Assembly 
without  a  two-thirds  vote  of  the  members  of  each  house  pay 
any  extra  compensation  after  a  service  has  been  rendered, 
or  pay  any  claim  which  has  not  been  previously  provided  for 
by  law,  or  appropriate  any  public  money  or  property  for 
local  or  private  purposes. 

Corporations.  —  The  Legislature  can  create  no  corpora- 
tions by  special  act,  or  become  a  stockholder  in  any,  or  per- 
mit any  political  or  municipal  corporation  to  become  a 
stockholder  in  any  banking  corporation,  directly  or  indi- 
rectly. 


THE    LEGISLATIVE    DEPARTMENT.  57 

Other  Prohibitions.  —  In  addition  to  these  prohibitions 
the  General  Assembly  is  bound  by  the  prohibitions  contained 
in  the  Bill  of  Rights  to  which  reference  has  already  been 
made. 

The  Census.  —  The  Constitution  especially  directs  that 
the  General  Assembly  shall  cause  an  enumeration  to  be  made 
every  ten  years  of  all  the  inhabitants  of  the  State. 

Introduction  and  Passage  of  Bills.  —  The  two  houses 
of  the  General  Assembly,  as  already  noted,  are  equal  in 
power.  Bills  may,  therefore,  originate  in  either  house,  and 
may  be  amended,  altered,  or  rejected  by  the  other.  Private 
citizens  may  draw  up  bills  proposing  legislation,  but  their 
introduction  is  exclusively  a  privilege  of  the  members  of 
the  Assembly.  Any  member  may  refuse  to  introduce  such 
bills.  He  may  introduce  them  "  by  request,"  or  he  may 
assume  the  responsibility  for  them.  In  order  to  pass  the 
General  Assembly,  a  bill  must  receive  the  affirmative  votes 
of  a  majority  of  all  the  members  elected  to  each  house  (not 
merely  a  majority  of  those  present  or  of  those  voting),  and 
the  vote  of  the  members  is  made  a  matter  of  record  on  the 
journals.  A  bill  must  pass  both  houses  in  identically  the 
same  form.  Thus,  if  amendments  are  made  in  one  house 
to  a  bill  passed  by  the  other,  it  must  go  back  to  the  house 
in  which  it  originated,  where  it  must  be  again  passed  as 
amended.  When  neither  house  is  disposed  to  accept  the 
amendments  of  the  other,  a  conference  committee,  com- 
posed of  members  of  both  houses,  usually  agrees  upon  certain 
compromises  which  are  generally  accepted  by  both  houses. 
A  bill  having  passed  both  houses  in  identically  the  same 


58  THE   GOVERNMENT    OF   IOWA. 

form  must  be  signed  by  the  presiding  officer  of  each  house, 
before  being  presented  to  the  Governor.  Every  law 
passed  by  the  General  Assembly  must  have  the  following 
as  its  enacting  clause :  "  Be  it  enacted  by  the  General  As- 
sembly of  the  State  of  Iowa."  No  act  may  deal  with  more 
than  one  subject,  which  subject  must  be  expressed  in  the 
title. 

The  Approval  and  Veto  of  the  Governor.  —  Every  bill 
which  has  passed  the  General  Assembly  in  the  manner  just 
described  is  presented  to  the  Governor  for  his  approval.  If 
he  approves  it,  he  signs  and  dates  it.  If  he  does  not  ap- 
prove the  bill,  he  returns  it  with  his  objections  to  the  house 
in  which  it  originated.  There  it  is  reconsidered,  and  if  it 
receives  a  majority  of  two-thirds  of  the  members  of  each 
house,  it  becomes  a  law  in  spite  of  the  Governor's  disap- 
proval. In  such  cases  the  presiding  officer  of  each  house 
signs  the  bill  and  certifies  to  the  same,  whereupon  it  becomes 
a  law  without  the  Governor's  approval.  If,  however,  the 
Governor  fails  to  return  a  bill,  either  with  or  without  his 
approval,  within  three  days  after  it  is  presented  to  him 
(Sundays  excepted)  it  becomes  a  law  just  as  if  he  had  signed 
it,  and  the  Secretary  of  State  authenticates  it  and  declares 
it  to  have  become  a  law.  Should  the  General  Assembly 
adjourn  before  the  three  days  given  the  Governor  to  sign  a 
bill  expire,  he  is  then  given  thirty  days  in  which  to  approve 
or  disapprove  of  the  bill  and  to  deposit  it  with  the  Secretary 
of  State.  If  he  files  with  the  Secretary  of  State  a  bill  within 
the  prescribed  time  without  approval  or  disapproval,  the  bill 
does  not  become  a  law. 


THE    LEGISLATIVE    DEPARTMENT.  59 

Rules  of  Procedure.  —  The  Constitution  vests  each  house 
with  authority  to  choose  its  own  officers  and  judge  of  the 
qualifications,  election,  and  return  of  its  own  members,  and 
also  to  determine  its  own  rules  of  procedure.  The  General 
Assembly  has  provided  by  law  the  procedure  of  organization 
in  each  house.  Custom  has  also  dictated  much  of  the 
procedure.  For  instance  the  House  of  Representatives  is 
usually  called  to  order  by  the  senior  member  from  Polk 
County,  while  the  Lieutenant  Governor  whose  term  of 
office  does  not  expire  until  his  successor  has  been  elected 
and  qualified  calls  the  Senate  to  order,  and  presides  until 
the  ballots  for  Lieutenant  Governor  have  been  counted. 

At  ten  o'clock  a.m.  of  the  day  of  meeting,  the  two  houses 
are  called  to  order.  In  the  Senate  the  members  proceed  to 
elect  a  temporary  secretary;  while  in  the  House  a  tem- 
porary clerk  is  chosen.  These  temporary  officers  receive 
the  certificates  of  election  of  the  members.  Then  a  com- 
mittee of  five  in  each  house  is  chosen  to  examine  and  report 
upon  the  credentials  of  all  the  members.  The  reports  of 
these  committees  determine  who  in  each  house  are  the  bona 
fide  members.  These  members,  after  taking  an  oath  to 
support  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  the  State  of  Iowa  and  to  faithfully  discharge  the 
duties  of  Senator  or  Representative,  as  the  case  may  be, 
to  the  best  of  their  ability,  elect  permanent  officers  and  pro- 
ceed to  business.  The  first  official  act  of  each  house  after 
organization  is  effected  is  usually  to  notify  the  other  house 
and  the  Governor  that  it  is  organized  and  ready  to  proceed 
to  business  or  to  hear  any  message  that  the  Governor  may 
wish  to  send. 


60  THE    GOVERNMENT   OF   IOWA. 

Journal  of  Proceedings.  — ■  The  Constitution  directs  that 
each  house  shall  keep  a  journal  of  its  proceedings  and  pub- 
lish the  same,  and  that  whenever  persons  are  elected  to 
office  by  the  General  Assembly  the  members  thereof  must 
vote  orally  (viva  voce)  and  the  votes  must  be  entered  on 
the  journal.  Thus,  the  action  of  every  member  of  the  As- 
sembly is  made  a  matter  of  public  record.  During  the  long 
deadlock  in  the  election  of  a  successor  to  the  late  Senator 
Dolliver,  the  journals  daily  contained  the  monotonous  roll 
of  votes  for  the  several  candidates. 

An  electrical  and  mechanical  system  for  the  instantane- 
ous registration  of  the  votes  of  the  members  of  the  House 
of  Representatives  on  all  questions  requiring  a  roll-call 
was  ordered  installed  before  January  i,  1920,  by  the  Thirty- 
eighth  General  Assembly. 

Publication  of  the  Laws.  —  It  is  a  common  saying  and  a 
well-known  legal  principle  that  ignorance  of  the  law  excuses 
no  one.  The  people  must,  however,  be  given  a  reasonable 
opportunity  to  know  what  the  law  is.  The  General  As- 
sembly has  accordingly  directed  the  Secretary  of  State  to 
publish  within  fifty  days  after  adjournment  all  laws,  reso- 
lutions, and  memorials  passed,  and  a  liberal  distribution 
of  the  same  is  also  provided  for.  All  laws  of  a  public 
nature  passed  at  a  regular  session  take  effect  upon  the 
fourth  day  of  July  next  after  their  passage.  Laws  passed 
at  special  sessions  take  effect  ninety  days  after  the  ad- 
journment. But  acts  deemed  of  immediate  importance 
take  effect  upon  publication  in  such  newspapers  as  the 
Assembly  may  designate.    From  time  to  time  the  laws  are 


THE    LEGISLATIVE    DEPARTMENT.  6 1 

arranged  according  to  subject-matter  in  a  code.    The  re- 
vision of  the  code  of  1897  is  now  (192 1)  under  consideration. 

Public  Money.  —  The  Constitution  further  directs  that 
an  accurate  statement  of  receipts  and  expenditures  of 
the  public  money  shall  be  published  along  with  the  laws  of 
each  regular  session,  so  that  the  taxpayer  may  know  for 
what  purpose  money  has  been  collected  and  spent. 

QUESTIONS   ON  THE  TEXT. 

1.  What  are  the  three  great  departments  of  government? 

2.  What  are  the  functions  of  each  department? 

3.  What  is  the  General  Assembly  of  Iowa? 

4.  When  does  the  General  Assembly  convene? 

5.  When  may  the  Governor  adjourn  the  General  Assembly? 

6.  Why  are  limitations  placed  upon  the  power  of  the  General  As- 
sembly? 

7.  Name  three  things  that  the  General  Assembly  must  do. 

8.  Name  three  things  that  the  General  Assembly  cannot  do. 

9.  How  many  votes  are  required  to  pass  a  bill  in  the  General  As- 
sembly? 

10.  What  is  the  Governor's  part  in  legislation? 

11.  What  is  the  purpose  of  requiring  each  house  to  keep  a  journal 
of  its  proceedings? 

12.  Why  should  the  laws  be  published? 

ADDITIONAL  READINGS. 

History  and  Organization  of  the  Legislature  of  Iowa,  Iowa  Applied  History 
Series,  Vol.  Ill,  p.  3. 

Law-Making  Powers  of  the  Legislature  in  Iowa,  Iowa  Applied  History 
Series,  Vol.  Ill,  p.  139. 

Some  Abuses  Connected  with  Statute  Law-Making,  Iowa  Applied  History 
Series,  Vol.  Ill,  p.  613. 

Methods  of  Statute  Law-Making  in  Iowa,  Iowa  Applied  History  Series, 
Vol.  Ill,  p.  196. 


CHAPTER  IX. 

THE  HOUSE  OF  REPRESENTATIVES,  OR 
LOWER  HOUSE. 

The  Bicameral  System.  —  Historically  the  lower  house 
of  the  legislature  represented  the  people,  while  the  upper 
house  represented  a  special  interest  or  class.  Now,  how- 
ever, both  branches  of  our  State  legislatures  are  elected 
by  and  represent  the  people.  The  election  district  and  term 
of  office  and  the  age  and  residence  qualifications  of  members 
constitute  the  principal  distinctions  between  the  two  houses. 
The  chief  value  of  the  bicameral  system  lies  in  the  fact  that 
each  house  tends  to  check  hasty  or  unwise  legislation  in  the 
other.  However,  good  legislation  may  thus  be  checked  as 
well  as  bad. 

Basis  of  Representation.  —  The  Iowa  House  of  Repre- 
sentatives is  at  present  (by  an  amendment  to  the  Con- 
stitution adopted  in  1904)  composed  of  108  members. 
The  original  provision  of  the  Constitution  was  that  the 
House  of  Representatives  should  not  be  composed  of  more 
than  100  members.  They  were  to  be  apportioned  among  the 
counties  of  the  State  arranged  in  representative  districts; 
but  no  district  was  to  contain  more  than  four  counties.  In 
the  northern  and  northwestern  parts  of  the  State,  where 
the  population  was  not  so  dense,  a  considerable  number  of 
three  and  four  County  districts  had  been  formed.     The 

62 


THE   HOUSE   OF   REPRESENTATIVES.  63 

custom  of  political  parties,  in  such  cases,  of  passing  the  office 
of  Representative  around  among  the  several  counties  in  the 
district  often  left  the  interests  of  the  other  counties  almost 
unrepresented.  A  demand  was  therefore  made  that  each 
county  should  have  at  least  one  Representative.  Accord- 
ingly the  amendment  of  1904  provides  that  each  county 
shall  be  entitled  to  one  Representative ;  while  the  nine 
counties  having  the  largest  population  are  each  entitled  to 
have  one  additional  Representative. 

The  ratio  of  representation  in  the  nine  largest  counties 
is  determined  by  dividing  the  total  population  of  the  State 
by  the  total  number  of  counties.  As  the  State  and  national 
censuses  are  taken  but  five  years  apart,  no  injustice  is  done 
any  County,  for  the  General  Assembly  must  fix  the  ratio 
and  apportion  the  additional  representation  at  their  first 
meeting  following  the  taking  of  such  census.1 

Election  of  Members.  —  The  members  of  the  House  of 
Representatives  are  chosen  every  two  years  at  the  gen- 
eral biennial  election  in  November.  Their  term  of  office 
begins  on  the  first  day  of  January  following  their  election 
and  runs  for  two  years  and  until  their  successors 
are  elected  and  qualified.  The  rules  governing  contested 
elections  are  determined  by  the  General  Assembly. 

Qualifications  of  Representatives.  —  The  earlier  State 
constitutions  surrounded  public  office,  especially  legis- 
lative and  executive  offices,  with  so  many  qualifications 

1  The  nine  counties  entitled  to  an  additional  representative  according  to 
the  last  census  are :  Polk,  Dubuque,  Woodbury,  Linn,  Scott,  Pottawat- 
tamie, Clinton,  Black  Hawk,  Wapello. 


64  THE   GOVERNMENT   OF   IOWA. 

that  only  a  small  portion  of  the  inhabitants  were  really 
eligible.  The  democratic  spirit  of  the  West,  where  all  had 
to  work  and  where  interests  were  common,  fostered  a  spirit 
of  equality,  in  which  family  ancestry  and  worldly  posses- 
sions did  not  make  one  man  any  better  than  another. 
Naturally  in  these  newer  States  in  providing  the  qualifica- 
tions for  voters  and  the  qualifications  for  office  many  of 
the  older  restrictions  were  discarded.  Only  sex,  citizen- 
ship, age,  and  residence  were  retained  as  qualifications. 

To  be  eligible  to  the  Iowa  House  of  Representatives  one 
must  be  a  male  citizen  of  the  United  States,  twenty-one 
years  of  age ;  one  must  have  been  a  resident  of  the  State 
for  the  year  preceding  his  election,  and  must  have  had  ai* 
actual  residence  in  the  County  sixty  days  prior  to  his  election. 
These  qualifications  are  reasonable  and  just,  since  it  w-  mid 
be  manifestly  unwise  to  allow  foreigners  to  make  our  State 
laws.  Nor  would  legislation  enacted  by  persons  under  age 
receive  the  mature  consideration  that  it  should  have.  In 
fact  the  people  of  Iowa  are  not  prone  to  trust  the  function  of 
law-making  to  very  young  men.  The  youngest  man  in  the 
Thirty- third  General  Assembly  (1909)  was  twenty-four 
years  old  and  the  oldest  was  seventy-three;  while  the 
average  age  of  the  entire  House  of  108  members  was  nearly 
fifty  years.  But  three  of  the  108  members  had  lived  in  the 
State  less  than  fifteen  years,  and  none  less  than  six  years ; 
while  the  great  majority  of  them  had  lived  in  Iowa  from 
twenty-five  to  thirty  years.  Thus  it  is  seen  that  the  people 
of  Iowa  really  demand  higher  age  and  residence  qualifica- 

1  The  adoption  of  the  Nineteenth  Amendment  to  the  Constitution  of  the 
United  States  renders  the  sex  qualification  in  the  Iowa  Constitution  in- 
operative. 


THE   HOUSE    OF    REPRESENTATIVES.  65 

tions  than  are  prescribed  in  the  Constitution.  These  in- 
sure not  only  a  permanent  interest  and  attachment  to  the 
State  on  the  part  of  the  Representatives,  but  they  also  give 
the  State  the  benefit  of  that  mature  judgment  which  age 
and  experience  bring. 

Disqualifications.  —  Having  mentioned  the  qualifications, 
it  now  remains  to  note  the  disqualifications  for  membership 
in  the  House  of  Representatives.  No  person  holding  a 
lucrative  office  under  the  United  States  or  the  State  of  Iowa 
is  eligible  to  a  seat ;  but  offices  in  the  militia  to  which  there 
is  no  salary  attached,  and  the  offices  of  justice  of  the  peace 
and  postmaster,  whose  compensation  does  not  exceed  $100 
per  year,  are  not  considered  as  lucrative.  No  person  who 
is  a  collector  or  holder  of  public  money  can  hold  a  seat  in 
the  General  Assembly  until  he  has  accounted  for  and  paid 
into  the  treasury  all  sums  for  which  he  is  liable.  Nor  can 
any  one  while  he  is  a  member  of  the  Assembly  be  appointed 
to  any  office  of  profit  which  has  been  created  or  the  com- 
pensation of  which  has  been  increased  during  his  term  un- 
less it  be  an  office  filled  by  popular  election. 

Vacancies.  —  The  theory  of  our  government  is  that  the 
people  should  never  be  without  a  representative  in  any 
legislative  body,  even  though  no  session  of  the  same  is  at 
all  probable  before  the  people  have  an  opportunity  to  make 
a  choice  at  the  next  regular  election.  No  one  can  tell  when 
the  Governor  may  deem  it  necessary  to  call  the  Assembly 
in  extra  session;  and  so  the  Constitution  has  provided  that 
whenever  vacancies  occur  in  either  house  the  Governor 


66  THE   GOVERNMENT   OF   IOWA. 

shall  issue  writs  of  election  to  fill  such  vacancies  at  special 
elections.  Frequently  the  persons  so  elected  may  never 
take  the  oath  of  office  or  be  called  to  attend  a  session 
of  the  General  Assembly.  Only  when  the  Assembly 
is  in  session  is  the  filling  of  vacancies  a  matter  of  im- 
portance. 

Compensation.  —  The  payment  of  legislators  is  uni- 
versal in  the  United  States;  but  in  most  cases  the  com- 
pensation is  small  in  proportion  to  the  time  and  service 
required.  This  often  prevents  good  men  from  accepting 
legislative  office,  because  they  feel  that  they  cannot  afford 
to  sacrifice  their  private  interests.  Unscrupulous  men  some- 
times seek  seats  in  legislative  bodies,  not  for  the  compensa- 
tion it  affords,  but  for  the  opportunities  for  graft  which 
arise  in  the  course  of  legislation. 

The  Constitution  of  Iowa  originally  provided  that  mem- 
bers should  receive  $3  per  day  while  in  session  and  $3  for 
every  twenty  miles  travelled  in  going  to  and  coming  from 
the  seat  of  government;  but  the  General  Assembly  was 
authorized  to  change  the  compensation,  providing  that  no 
Assembly  should  increase  the  pay  of  its  own  members. 

In  1880  the  compensation  of  each  member  of  the  General 
Assembly  was  fixed  at  $550  for  each  regular  session  and 
mileage  at  five  cents  per  mile,  by  the  nearest  travelled 
route,  in  going  to  and  returning  from  the  place  of  meeting. 
The  Thirty-fourth  General  Assembly  in  191 1  increased  the 
compensation  of  members  to  $1000  per  session,  with  mile- 
age allowance  as  before.  When  the  General  Assembly  is 
called  in  extra  session,  the  compensation  is  to  be  at  the 


THE   HOUSE   OF    REPRESENTATIVES.  67 

same  rate  per  day  as  for  the  preceding  regular  session  (but 
it  must  not  exceed  $10  per  day),  with  the  same  mileage  as 
for  regular  sessions. 

Privileges  of  Members.  —  Although  the  Bill  of  Rights 
guarantees  to  every  person  liberty  of  speech,  no  special 
immunity  is  guaranteed  by  the  Constitution  to  members  of 
the  House  of  Representatives.  The  General  Assembly, 
however,  has  by  law  provided  that  "no  member  shall  be 
questioned  in  any  other  place  for  any  speech  or  debate  in 
either  house";  and  the  House  rules  of  the  General  Assem- 
bly usually  provide  that  in  speech  or  debate  each  member 
"shall  confine  himself  to  the  question  under  debate  and 
shall  avoid  personalities." 

The  Constitution  insures  members  freedom  from  arrest 
while  going  to  or  returning  from  the  General  Assembly  or 
while  it  is  in  session,  except  in  cases  of  "  treason,  felony,  or 
breach  of  the  peace."  This  immunity,  however,  is  not  very 
great,  for  nearly  all  but  the  most  petty  offences  will  come 
under  one  of  the  three  excepted  cases.  The  General  As- 
sembly has  further  enacted  that  none  of  its  members  "  shall 
be  held  to  appear  or  answer  in  any  civil  suit  or  special  action 
in  any  court  while  the  general  assembly  is  in  session." 
This  immunity  is  of  greater  value,  for  it  prevents  persons 
from  starting  fake  suits  against  members  in  order  to  call 
them  into  court  when  important  business  is  being  transacted 
in  the  General  Assembly. 

Every  member  of  the  General  Assembly  has  "  the  liberty 
to  dissent  from  or  protest  against  any  act  or  resolution  which 
he  may  think  injurious  to  the  public  or  an  individual,  and 


68  THE   GOVERNMENT  OF   IOWA. 

have  the  reasons  for  his  dissent  entered  on  the  journals." 
Each  house  is  given  authority  by  law  to  punish  persons 
for  contempt  for  the  commission  of  certain  acts  against 
the  privileges,  dignity,  or  authority  of  its  members. 

Organization  and  Officers  of  the  House.  —  The  organ- 
ization, officers,  and  procedure  in  the  Iowa  House  of  Rep- 
resentatives follow  closely  the  system  of  the  national 
House  of  Representatives  in  these  particulars.  The  pre- 
siding officer  is  the  Speaker,  who  is  a  member  of  the  House, 
elected  to  his  important  position  by  his  own  colleagues  on 
a  strict  party  vote. 

The  Speaker  exercises  the  greatest  power  and  influence 
in  the  House  since  he  appoints  all  committees.  He  may 
anticipate  proposed  legislation  by  placing  on  committees 
men  whom  he  knows  to  be  favorable  or  hostile  to  measures 
likely  to  be  introduced.  The  Speaker  holds  his  office  until 
the  first  meeting  of  the  House  of  Representatives  next 
after  that  at  which  he  was  elected.  Thus,  in  case  of  an 
extra  session  no  time  is  lost  in  effecting  an  organization. 
The  Speaker  preserves  order,  and  presides  over  the  delib- 
erations of  the  House,  and  votes  in  case  of  a  tie  or  when  the 
yeas  and  nays  are  called  for.  All  other  officers  of  the  House, 
consisting  of  numerous  clerks,  doorkeepers,  and  pages 
are  likewise  chosen  by  the  House  itself. 

Committees  of  the  House.  —  The  House  determines  the 
number  of  committees  into  which  it  shall  divide  itself  for 
the  consideration  of  bills  and  resolutions.  Naturally  some 
committees  are  of  more  importance  than  others,  and  the 
opening  of  a  session  usually  witnesses  a  good  deal  of  wire- 


THE   HOUSE   OF   REPRESENTATIVES.  69 

pulling  by  members  to  obtain  chairmanships  or  positions  on 
important  committees.  The  Speaker  often  rewards  his 
friends  who  have  placed  him  in  power  by  giving  them  places 
on  the  important  committees,  and  sometimes  a  candidate 
for  the  Speakership  even  promises  committee  places  in 
advance  for  support. 

The  House  of  Representatives  of  the  Thirty-third  Gen- 
eral Assembly  (1909)  had  sixty  standing  committees  and 
every  one  of  its  108  members  had  a  place  on  eight  or  ten  of 
them.  The  most  important  committees  are  those  dealing 
with  ways  and  means,  appropriations,  judiciary,  railroads, 
and  corporations  In  order  to  give  places  to  a  large  num- 
ber of  members  on  these  important  committees,  they  are 
often  made  so  large  that  the  real  function  of  a  committee  — 
careful  consideration  of  proposed  measures  —  is  frequently 
lost.  Thus  the  House  Committee  on  Ways  and  Means  of 
the  Thirty-third  General  Assembly  was  made  up  of  forty- 
three  members,  nearly  half  of  the  whole  membership ;  and 
of  these  forty-three,  thirty-two  were  Republicans  and  eleven 
were  Democrats.  The  important  committee  on  appropria- 
tions contained  thirty-eight  members  —  thirty-one  Republi- 
cans and  seven  Democrats.  Of  these,  nine  Republicans 
and  three  Democrats  were  also  on  the  important  Committee 
on  Ways  and  Means.  Thus  the  important  subjects  of 
legislation  fall  into  the  hands  of  comparatively  few  men ; 
while  many  members  are  placed  upon  committees  to  which 
few  or  no  bills  are  ever  referred. 

Special  Powers.  —  The  House  of  Commons  in  England 
enjoys  the  distinction  of  having  the  sole  power  of  originat- 


70  THE   GOVERNMENT   OF   IOWA. 

ing  money  or  revenue  bills ;  the  lower  house  of  Congress 
has  the  sole  power  of  originating  bills  for  raising  revenue. 
Several  of  the  States  of  the  American  Union  have  given  this 
same  power  to  their  House  of  Representatives.  In  Iowa, 
however,  the  lower  house  enjoys  no  such  privilege,  for  the 
Constitution  provides  that  bills  may  originate  in  either 
house,  and  may  be  amended,  altered,  or  rejected  by  the 
other.  The  only  special  power  of  the  House  of  Representa- 
tives is  that  of  impeachment,  which  is  limited  to  accusation. 
All  impeachments  are  tried  by  the  Senate. 

QUESTIONS   ON  THE  TEXT. 

i.  What  is  the  chief  value  of  the  bicameral  system? 

2.  How  many  members  are  there  in  the  Iowa  House  of  Represent- 
atives? 

3.  What  is  the  term  of  office  and  compensation  of  members  of  the 
House  of  Representatives  ? 

4.  What  are  the  qualifications  of  members  of  the  House  of  Repre- 
sentatives ? 

5.  How  are  vacancies  in  the  General  Assembly  filled? 

6.  What  are  the  privileges  of  members  of  the  General  Assembly? 

7.  Why  is  the  position  of  Speaker  one  of  power  and  influence? 

8.  What  are  the  most  important  committees  of  the  House  ? 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Assembly  Districting  and  Apportionment  in  Iowa,  I.  J.  H.  P.,  Vol.  II, 
p.  520. 

The  Speaker  of  the  House  of  Representatives  in  Iowa,  I.  J.  H.  P.,  Vol. 
XVII,  p.  3. 

The  Committee  System  in  Iowa,  Iowa  Applied  History  Series,  Vol.  Ill, 
P-  535- 

A  Bribery  Episode  in  the  First  Election  of  United  States  Senators  in  Iowa, 
I.  J.  H.  P.,  Vol.  VII,  p.  483. 


CHAPTER  X. 

THE   SENATE    OR   UPPER    HOUSE. 

The  Chief  Features  of  the  Iowa  Senate.  —  The  bi- 
cameral system  is  as  firmly  established  in  American  gov- 
ernment as  is  the  principle  of  the  separation  of  powers ;  and 
every  one  of  our  forty-eight  State  legislatures  is  so  organ- 
ized, though  often  there  is  little  or  no  difference  in  power 
between  the  two  houses.  The  Senate  or  upper  house  of  the 
Iowa  legislature  has  no  more  power  than  the  lower  house. 
Its  only  claim  to  distinction  is  the  longer  term  of  its  members 
and  the  higher  age  qualification. 

Composition  of  the  Senate.  —  The  original  provision  of 
the  Constitution  provided  that  the  number  of  Senators 
should  never  be  less  than  one-third  nor  more  than  one-half 
the  Representative  body.  At  the  same  time  another  section 
provided  that  the  Senate  should  not  consist  of  more  than 
fifty  members.  The  amendment  of  1904  provides  that  the 
Senate  shall  be  composed  of  fifty  members. 

Election  and  Term  of  Office.  —  Senators  are  chosen  by 
the  qualified  voters,  in  their  respective  districts,  for  a  term 
of  four  years,  twenty-one  being  elected  at  one  general 
election  and  twenty-nine  at  the  next.  Those  serving  in 
the  second  session  after  their  election  are  known  as  "  hold- 
overs." In  the  Thirty-eighth  General  Assembly  twenty- 
nine  Senators  were  "hold-overs,"  and  eleven  out  of  the  fifty 

71 


72  THE    GOVERNMENT    OF   IOWA. 

had  had  no  former  legislative  experience.  The  "hold- 
overs," being  familiar  with  legislative  business,  tend  to 
give  the  Senate  a  little  more  dignity  and  influence  in 
legislation  than  the  House. 

Qualifications  of  Senators.  —  That  it  was  the  intention 
of  the  framers  of  the  Constitution  to  make  the  Senate  the 
more  dignified  and  conservative  branch  of  the  General 
Assembly  is  shown  by  the  longer  term  of  office  given  to 
Senators  and  the  higher  age  qualification  required  of  its 
members.  Senators  must  be  twenty-five  years  of  age,  and 
must  possess  the  same  qualifications  as  Representatives  as 
to  citizenship  and  residence.  In  the  Thirty-eighth  Gen- 
eral Assembly  the  youngest  Senator  was  thirty-one  years  of 
age,  and  only  three  members  were  under  forty  years  of  age. 
The  disqualifications  noted  in  respect  to  membership  in 
the  lower  house  apply  equally  to  the  Senate. 

Vacancies,  Compensation,  Contested  Elections,  and 
Privileges  of  Members  of  the  Senate.  —  Whenever  vacan- 
cies occur  in  the  Senate,  they  are  filled  in  the  same  manner 
as  vacancies  are  filled  in  the  lower  house.  The  compensa- 
tion of  Senators  is  the  same  as  that  of  Representatives. 
But  the  Lieutenant  Governor  as  president  of  the  Senate  re- 
ceives double  the  compensation  of  a  Senator.  The  pro- 
visions relative  to  contested  elections  and  the  privileges  of 
members  are  identical  with  those  already  noted  in  connec- 
tion with  the  lower  house. 

Organization  and  Officers  of  the  Senate.  —  Although 
the  Constitution  of  Iowa  distinctly  states  that  "each  house 


THE    SENATE   OR   UPPER   HOUSE.  73 

shall  choose  its  own  officers,"  it  also  states  that  "the  Lieu- 
tenant Governor  shall  be  President  of  the  Senate."  The 
other  officers  of  the  Senate,  consisting  of  a  president  pro 
tempore,  several  secretaries,  clerks,  and  a  corps  of  door- 
keepers and  messengers,  are  all  chosen  by  the  Senate  itself. 

Procedure  in  the  Senate.  —  Like  the  House  of  Repre- 
sentatives the  Senate  adopts  its  own  rules  of  procedure. 
Motions  in  the  Senate  are  not  seconded  as  they  are  in  the 
House,  but  are  put  directly  by  the  presiding  officer.  In  de- 
bate members  rise  and  address  the  chair  as  "  Mr.  President," 
and  are  required  to  confine  themselves  to  the  question  under 
debate,  avoid  personalities  and  the  imputation  of  improper 
motives. 

Committees  of  the  Senate.  —  Legislation  proposed  in  the 
Senate  is  also  referred  to  appropriate  committees,  though 
these  committees  are  not  always  identical  with  those  of  the 
House.  The  Senate  of  the  Thirty-third  General  Assembly 
had  thirty-nine  standing  committees,  numbering  from 
four  to  eighteen  members,  and  each  Senator  served  upon 
eight  of  these  committees.  All  of  the  committees  are  ap- 
pointed by  the  president  of  the  Senate,  who  may  exercise 
more  independent  judgment  than  the  Speaker  of  the  House 
in  making  appointments  because  he  does  not  owe  his  position 
to  his  colleagues.  In  addition  to  the  regular  standing 
committees  of  the  Senate,  select  committees  are  created, 
as  necessity  requires,  for  the  consideration  of  such  matters 
as  cannot  conveniently  be  referred  to  any  of  the  standing 
committees. 

In  the  process  of  legislation  committees  are  very  power- 


74  THE   GOVERNMENT   OF   IOWA. 

ful  in  promoting  or  rejecting  proposed  legislation,  for 
ordinarily  each  house  supports  the  majority  report  of 
its  committees.  A  chairman  of  a  committee  may  even 
prevent  favorable  action  on  a  bill  which  he  disapproves 
by  failing  to  call  the  committee  together. 

Special  Powers  of  the  Senate.  —  The  Constitution  con- 
fers upon  the  Senate  the  right  to  try  all  cases  of  impeach- 
ment, the  Senators  being  upon  oath  or  affirmation  during 
such  trial ;  the  concurrence  of  two-thirds  of  the  members 
present  is  necessary  to  convict.  Other  special  powers 
have  been  conferred  upon  the  Senate  by  law,  such  as  the 
confirmation  of  certain  appointments  made  by  the  Gov- 
ernor. As  a  matter  of  fact  the  Senate  of  Iowa  is  as  popular 
a  representative  body  as  is  the  House  of  Representatives. 

QUESTIONS   ON   THE  TEXT. 

i.  In  what  respects  does  the  Iowa  Senate  differ  from  the  House? 

2.  What  is  meant  by  "hold-over  "  Senators? 

3.  What  are  the  qualifications  of  Senators  in  Iowa? 

4.  Who  is  the  presiding  officer  in  the  State  Senate? 

5.  How  can  a  chairman  of  a  committee  influence  legislation? 

6.  What  special  powers  does  the  Senate  enjoy  ? 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Assembly  Districting  and  Apportionment  in  Iowa,  I.  J.  H.  P.,  Vol.  II, 
p.  520. 

The  Committee  System  in  Iowa,  Iowa  Applied  History  Series,  Vol.  Ill, 
P-  535- 

The  President  of  the  Senate  in  Iowa,  I.  J.  H.  P.,  Vol.  XVII,  p.  223. 


CHAPTER  XI. 

THE   EXECUTIVE   DEPARTMENT. 

The  Governor.  —  "  The  Supreme  Executive  power  of 
this  State,"  declares  the  Constitution  of  Iowa,  "  shall  be 
vested  in  a  Chief  Magistrate  who  shall  be  styled  the  Gov- 
ernor of  the  State  of  Iowa."  He  is  usually  accorded  the 
title  of  "  His  Excellency." 

Election  and  Term  of  Office.  —  The  term  of  office  of  the 
Governor  is  two  years ;  and  it  is  customary  for  the  party 
in  power  to  accord  the  Governor  a  second  term.  He  is 
chosen  by  the  qualified  voters  of  the  State  at  the  general 
election  in  November.  The  election  returns  for  Governor 
and  Lieutenant-Governor  are  transmitted  "  to  the  Speaker 
of  the  House  of  Representatives,  who  shall  open  and  pub- 
lish them  in  the  presence  of  both  Houses  of  the  General 
Assembly."  The  person  having  the  highest  number  of 
votes  for  Governor  and  the  person  having  the  highest 
number  of  votes  for  Lieutenant-Governor  are  then  declared 
elected.  In  case  of  a  tie  in  either  election  the  General 
Assembly  at  once  proceeds  to  elect  one  of  the  persons  to 
the  office  for  which  he  was  a  candidate.  Contested  elec- 
tions are  determined  by  the  General  Assembly  by  suitable 
legislation. 

Oath  of  Office.  —  Within  ten  days  after  his  election  has 

75 


j6  THE   GOVERNMENT   OF   IOWA. 

been  declared  by  the  General  Assembly  the  Governor  must 
qualify  for  his  office  by  taking  an  oath  administered  by  one 
of  the  Justices  of  the  Supreme  Court  in  the  presence  of  the 
General  Assembly  in  joint  session.  In  this  oath  he  promises 
to  support  the  Constitution  of  the  United  States,  the  Con- 
stitution of  the  State  of  Iowa  and  to  faithfully,  impartially, 
and  to  the  best  of  his  ability  discharge  the  duties  of  Gov- 
ernor of  Iowa.  Having  taken  the  oath,  he  holds  his  office 
for  two  years  from  the  time  of  his  installation  and  until  his 
successor  is  elected  and  qualified. 

The  Law  of  Succession.  —  Early  political  philosophers 
feared  that  anarchy  and  revolution  would  result  in  case  the 
State  should  at  any  time  be  left  without  a  responsible  execu- 
tive head.  Hence  the  theory  was  advanced  that  the  king 
never  dies ;  for  as  soon  as  the  old  king  expired,  his  successor 
became  king,  even  though  the  new  king  were  absent  and 
ignorant  of  the  death  of  the  old  king.  This  explains  the 
saying  "  The  king  is  dead :  long  live  the  king  "  —  that  is, 
long  live  the  new  king.  The  founders  of  American  govern- 
ment had  the  same  fears  for  the  headless  State ;  and  to-day 
nearly  all  of  the  States  elect  at  the  same  time  with  the 
Governor  a  person  who  must  have  the  same  qualifications 
and  who  is  generally  known  as  Lieutenant-Governor. 

The  Lieutenant-Governor.  —  In  Iowa  the  Lieutenant- 
Governor  presides  over  the  deliberations  of  the  upper 
house  and  receives  twice  the  compensation  allowed  to  mem- 
bers of  the  General  Assembly. 

It  is  the  theory  of  the  Iowa  government  in  common  with 
most  of  the  States,  that  the  office  of  Governor  cannot  be 


THE    EXECUTIVE    DEPARTMENT.  77 

vacant,  since  the  Lieutenant-Governor  immediately  becomes 
Governor  upon  the  death,  resignation,  or  inability  of  the 
Governor  to  serve.  However,  if  the  inability  of  the  Governor 
is  only  temporary,  the  Lieutenant-Governor  acts  only  until 
the  disability  is  removed,  and  in  all  other  cases  he  serves  for 
the  remainder  of  the  Governor's  term.  Should  the  Lieu- 
tenant-Governor, while  acting  as  Governor  die,  resign,  or 
become  incapable  of  performing  the  duties  of  the  office,  then 
the  president  pro  tempore  of  the  Senate  succeeds  to  the 
office  of  Governor ;  and  should  he  likewise  become  incap- 
able of  performing  the  duties  of  Governor,  then  the  office 
falls  to  the  Speaker  of  the  House  of  Representatives. 

Resignation  or  Removal.  —  When  a  Governor  resigns 
his  office,  he  sends  his  resignation  to  the  General  Assembly 
if  that  body  is  in  session ;  otherwise  he  deposits  it  with  the 
Secretary  of  State. 

Whenever  a  Governor,  a  State  officer,  or  district  or  Su- 
preme Court  Judge  is  impeached,  the  punishment  is  "  re- 
moval from  office,  and  disqualification  to  hold  any 
office  of  honor,  trust,  or  profit,  under  this  State ;  but  the 
party  convicted  or  acquitted  shall  nevertheless  be  liable  to 
indictment,  trial,  and  punishment  according  to  law." 

Qualifications  of  the  Governor.  — The  constitutional  qual- 
ifications of  the  Governor  of  Iowa  are  limited  to  citizenship, 
age,  and  residence.  He  must  have  been  a  citizen  of  the  United 
States  and  a  resident  of  Iowa  for  the  two  years  preceding  his 
election ;  and  he  must  be  thirty  years  of  age.  It  is  a  fact  that 
the  Governors  of  Iowa  have  all  been  considerably  more  than 
thirty  years  of    age.     The  Governor  is  required   by  law 


78  THE    GOVERNMENT    OF   IOWA. 

to  keep  his  office  at  the  seat  of  government,  and  should  he 
refuse  to  do  so,  it  is  safe  to  say  that  he  might  be  impeached 
and  removed  from  office. 

Compensation  of  the  Governor.  —  The  Constitution  of 
Iowa  is  silent  as  to  what  the  salary  of  the  Governor  shall 
be.  Therefore  the  General  Assembly  has  been  free  to  es- 
tablish such  compensation  as  seemed  just  and  necessary. 
The  present  compensation  of  the  Governor  of  Iowa  is  fixed 
at  $5000  per  year  with  an  allowance  of  $600  annually  for 
house  rent;  and  he  also  receives  $1200  per  year  for  his 
services  as  a  member  of  the  Executive  Council. 

The  Powers  and  Functions  of  the  Governor.  —  The 
position  of  Governor  in  the  States  of  the  Union  had  risen 
to  one  of  power  and  dignity  before  Iowa  was  admitted  into 
the  Union.  And  so  the  Constitution  of  1857  made  the 
Governor's  office  one  of  no  mean  proportions.  Moreover, 
the  General  Assembly  has  constantly  added  to  his  powers 
and  duties. 

The  Governor  is  charged  with  the  faithful  execution  of 
the  laws;  that  is,  he  is  required  to  see  that  the  laws  are  en- 
forced. He  is  the  keeper  of  the  Great  Seal  of  the  State  of 
Iowa;  and  all  grants  and  commissions  are  signed  by  him 
and  countersigned  by  the  Secretary  of  State.  The  Gov- 
ernor's powers  and  functions  may  be  conveniently  con- 
sidered under  the  following  heads :  — 

Recommendations  to  the  Legislature.  —  The  Consti- 
tution makes  it  the  duty  of  the  Governor  to  send  a  message 
to  the  General  Assembly  at  each  regular  session.    In  this 


THE   EXECUTIVE   DEPARTMENT.  79 

message  the  Governor  reviews  the  condition  of  the  State, 
submits  a  budget,  and  recommends  such  matters  as  he  may- 
deem  expedient.  It  has  been  the  custom  for  Governors  to 
have  their  messages  in  printed  form  laid  upon  the  desks 
of  members  of  the  General  Assembly,  and  this  custom  pre- 
vails in  many  other  States.  Owing  to  the  fact  that  a  large 
part  of  the  members  do  not  take  the  time  to  read  such 
communications  carefully,  recent  Governors  have  read  their 
messages  in  person  before  the  two  houses  in  joint  session 
and  have  thus  been  able  to  center  the  attention  of  the 
legislators  upon  subjects  deemed  to  be  of  importance.  It 
is  through  the  Governor's  power  of  recommendation  that 
he  sometimes  becomes  the  champion  of  popular  political 
movements  and  often  attains  a  national  reputation,  get- 
ting most  of  the  credit  for  the  good  accomplished  through 
new  legislation. 

Power  of  Convening,  Adjourning,  and  Dissolving  the 
Assembly.  —  The  experience  of  our  forefathers  with  ex- 
ecutive power  led  them  to  believe  it  to  be  dangerous  to  the 
State  to  vest  in  the  Governor  power  to  dissolve  a  Legislature 
elected  by  the  people.  It  is  easy  to  provide  for  the  con- 
vening of  the  Legislature;  but,  unless  its  sittings  are  con- 
fined to  a  limited  number  of  days,  there  is  always  danger 
that  the  two  houses  may  be  unable  to  agree  upon  the  time 
of  adjournment.  The  Governor  of  Iowa  may  call  the  As- 
sembly in  extra  session  at  any  time;  but  it  is  only  in  cases 
of  actual  disagreement  between  the  two  houses  as  to  the 
time  of  adjournment  that  he  is  empowered  to  adjourn  the 
Assembly.     In  no  case  can  he  adjourn  the  Assembly  be- 


So  THE    GOVERNMENT   OF   IOWA. 

yond  the  time  fixed  for  its  next  regular  meeting.  Nor 
can  he  be  compelled  to  call  an  extra  session  if  he  is  per- 
sonally unwilling  to  do  so.  No  Governor  of  Iowa  has  as 
yet  been  called  upon  to  exercise  the  power  of  adjourning 
the  Legislature. 

Veto  Power.  —  The  implicit  faith  of  the  fathers  of  Amer- 
ican government  in  a  legislative  assembly  elected  by  the 
people  and  their  distrust  of  executive  power  have  been  re- 
versed. Sometimes  Legislatures  are  corrupt;  sometimes 
they  lack  wisdom;  and  frequently  they  show  a  tendency 
to  extravagance.  Experience  has,  therefore,  taught  us 
that  we  need  have  little  fear  of  the  Governor.  Indeed,  we 
have  learned  to  look  to  him  to  safeguard  the  people's  rights 
as  against  the  Legislature.  The  Governor  of  Iowa  is  charged 
with  the  duty  of  signing  all  bills  of  which  he  approves.  If 
he  does  not  approve  a  bill,  we  say  he  vetoes  it,  that  is,  he 
returns  it  with  his  objections  to  the  house  where  it  origi- 
nated. The  chief  value  of  this  return  is  to  give  members  of 
the  General  Assembly  new  light  on  the  subject  and  to  call 
public  attention  to  the  bill  vetoed.  The  method  of  pass- 
ing bills  over  the  Governor's  veto  has  been  explained  above 
in  Chapter  VI. 

Appointing  Power.  —  The  only  power  of  appointment 
given  to  the  Governor  of  Iowa  by  the  Constitution  em- 
powers him  to  fill  all  vacancies  where  no  provisions  are  made 
in  the  Constitution  or  laws  for  filling  such  vacancy;  but 
appointments  so  made  cannot  extend  beyond  the  next  ses- 
sion of  the  General  Assembly  or  the  next  general  election. 


THE  EXECUTIVE  DEPARTMENT.         8 1 

The  General  Assembly,  however,  has  vested  in  the  Gov- 
ernor power  to  appoint  a  number  of  officers,  boards,  com- 
missioners, inspectors,  and  the  like;  but  in  some  cases  such 
appointment  must  be  sanctioned  by  the  Senate.  The  most 
important  of  these  appointive  officers  are:  the  Adjutant- 
General,  the  Commissioner  of  Labor,  members  of  the 
Board  of  Parole,  Food  and  Dairy  Commissioner,  mem- 
bers of  the  State  Board  of  Education,  members  of  the 
Board  of  Control  of  State  Institutions,  State  Librarian, 
members  of  the  Board  of  Health,  Oil  Inspectors,  and  Mine 
Inspectors.  (See  below  Table  of  Administrative  Officers, 
Boards,  and  Commissions.)  If  a  United  States  Senator 
should  die  in  office,  resign,  or  be  expelled,  the  Governor 
may  appoint  some  one  to  fill  the  place  until  the  people 
shall  elect  a  successor  as  required  by  law. 

Power  of  Removal.  —  The  Constitution  does  not  grant  to 
the  Governor  any  power  to  remove  officers;  but  after  enu- 
merating those  who  are  subject  to  impeachment,  it  declares 
that  "all  other  civil  officers  shall  be  tried  for  misdemeanors 
and  malfeasance  in  office,  in  such  manner  as  the  General 
Assembly  may  provide."  By  law  it  has  been  provided  that 
all  officers,  members  of  boards,  commissioners,  and  the  like, 
appointed  by  the  Governor  may  for  certain  causes  be  re- 
moved by  a  majority  vote  of  the  Executive  Council,  of 
which  the  Governor  is  a  member.  The  Governor  may  also 
direct  the  Attorney-General  to  file  complaint  and  prosecute 
cases  aganist  County  attorneys,  sheriffs,  mayors,  police 
officers,  marshalls,  constables,  and  members  of  the  Board 
of  Supervisors,  and  other  officers,  who  may  be  removed  by 


82  THE    GOVERNMENT   OF   IOWA. 

the  District  Court  upon  the  conviction  of  certain  charges. 
A  few  minor  officers  may  be  removed  by  the  Governor 
alone. 

Military  Power.  —  Practically  all  modern  governments 
make  the  chief  executive  officer  the  commander-in-chief  of 
the  military  forces  of  the  State  —  not  that  he  is  the  most 
skilful  in  arms,  but  because  he  is  sworn  to  see  that  the  laws 
are  faithfully  executed,  and  in  the  performance  of  this  duty 
it  may  be  necessary  for  him  to  call  to  his  assistance  the 
physical  force  of  the  State.  As  head  of  the  military  de- 
partment of  the  State,  the  Governor  may  order  such  posse 
or  military  force  from  any  other  county  or  counties  as  is 
necessary  to  enforce  the  law.  He  also  designates  a  staff 
of  officers  who  receive  military  titles  and  frequently  ac- 
company him  on  ceremonial  occasions.  These  appoint- 
ments are  generally  political  and  not  given  because  of 
military  skill. 

The  Thirty- third  General  Assembly  enacted  an  entirely 
new  military  code  for  Iowa  and  authorized  the  Governor 
to  make  and  publish  regulations  and  orders  for  the  gov- 
ernment, discipline,  and  uniforming  of  the  Iowa  national 
guard,  not  in  conflict  with  existing  laws. 

Duties  of  the  Governor.  —  The  Constitution  provides 
that  the  Governor  "shall  transact  all  executive  business 
with  the  officers  of  government,  civil  and  military,  and  may 
require  information  in  writing  from  the  officers  of  the 
executive  department  upon  any  subject  relating  to  the 
duties  of  their  respective  offices."  The  General  Assembly 
has  required  practically  all  State  officers,  boards,  commis- 


THE   EXECUTIVE   DEPARTMENT.  83 

sions,  and  inspectors  to  report  biennially  to  the  Governor 
regarding  the  administration  of  their  respective  offices. 
The  Governor  approves  the  bonds  of  State  officers,  issues 
proclamations  upon  various  subjects,  notifies  presidential 
electors  of  when  and  where  to  meet,  and  may  offer  rewards, 
not  to  exceed  $500,  for  the  arrest  of  persons  charged  with 
crime  punishable  by  death  or  imprisonment  for  ten  years. 
He  must  keep  a  journal  of  all  official  acts  performed  by 
him,  which  record  is  known  as  the  Executive  Journal. 
He  may  issue  writs  of  election  to  fill  vacancies  in  either 
house  of  the  General  Assembly. 

Pardoning  Power.  —  The  Governor  of  Iowa,  in  common 
with  the  chief  executives  of  most  States,  may  exercise  the 
semijudicial  power  of  granting  reprieves,  commutations, 
and  pardons  after  conviction  for  all  offences  except  treason 
and  cases  of  impeachment,  subject  to  such  regulations  as 
may  be  provided  by  law.  In  cases  of  treason  he  has  power 
to  suspend  the  execution  of  the  sentence  until  the  case  can 
be  reported  to  the  General  Assembly  at  its  next  meeting, 
when  the  Assembly  is  empowered  to  make  final  disposition 
of  the  case.  The  Governor  also  has  power  to  remit  fines 
and  forfeitures,  but  he  must  report  all  such  remissions  with 
his  reasons  for  granting  them  to  the  General  Assembly. 

In  keeping  with  the  modern  theory  of  penology,  the  State 
of  Iowa  has  organized  a  Board  of  Parole,  which  investigates 
individual  cases  and  makes  recommendations  to  the  Gov- 
ernor relative  to  pardons  and  paroles.  He  is  not  necessarily 
bound  by  these  recommendations,  but  usually  follows  them 
in  exercising  his  pardoning  power. 


84  THE    GOVERNMENT   OF   IOWA 

Besides  these  numerous  official  duties,  our  State  Gov- 
ernors are  usually  overwhelmed  with  social  duties.  They 
are  constantly  called  upon  to  deliver  lectures  and  addresses, 
to  participate  in  the  dedication  of  public  buildings,  to  en- 
tertain prominent  Federal  officials  and  officials  from  other 
States  who  visit  the  capital,  and  they  usually  make  it  a 
point  to  attend  the  funerals  of  noted  men  in  the  State.  It 
has  sometimes  been  said  that  in  the  performance  of  these 
unofficial  duties  our  Governors  have  scarcely  found  time  to 
attend  to  the  duties  of  their  office  as  prescribed  by  law. 

Other  Executive  Officers.  —  The  executive  department 
is  represented  by  other  officers  than  the  Governor.  Prob- 
ably the  weakest  feature  of  our  State  government  is  the  lack 
of  responsibility  on  the  part  of  the  leading  executive  officers 
to  the  chief  executive;  for  the  Governor  cannot  compel 
negligent  officials  to  do  their  duty  nor  prevent  one  de- 
partment from  trying  to  secure  legislation  to  the  detriment 
of  another.  The  principal  executive  officers  are  the  Sec- 
retary of  State,  the  Auditor  of  State,  and  the  Treasurer 
of  State,  being  named  in  the  Constitution  and  elected  by 
the  people.  The  people  also  elect  a  Superintendent  of 
Public  Instruction. 

The  Secretary  of  State  is  head  of  the  department  of 
State.  He  countersigns  all  commissions  and  proclamations 
issued  by  the  Governor  and  keeps  a  record  of  the  same.  He 
prepares  the  laws  for  publication.  He  must  keep  and  pre- 
serve the  original  laws  and  resolutions  of  the  Legislature,  the 
original  and  authentic  copies  of  the  Constitution  of  Iowa 


THE   EXECUTIVE   DEPARTMENT.  85 

and  of  all  amendments  to  it,  all  books,  records,  maps,  reg- 
isters, and  other  papers  pertaining  to  his  office,  until  turned 
over  to  the  Hall  of  Archives.  Certificates  of  nomination 
for  State  officers  are  filed  in  his  office.  He  is  required  to 
publish  and  distribute  the  Official  Register,  which  contains 
much  valuable  information  relative  to  the  State  of  Iowa. 
His  duties  are  many  and  varied;  and  a  number  of  minor 
officials  are  under  his  supervision.  His  term  of  office  is 
two  years,  and  his  compensation  is  $4000  annually,  but 
he  receives  no  additional  pay  as  a  member  of  the  Executive 
Council. 

The  Auditor  of  State.  —  This  official  is  the  bookkeeper 
and  accountant  of  the  State  of  Iowa.  He  keeps  an  account 
of  all  revenues,  funds,  and  incomes  of  the  State,  and  of  all 
disbursements.  He  draws  all  warrants  on  the  State  Trea- 
surer in  accordance  with  law.  He  reports  to  the  Gov- 
ernor biennially  all  revenues,  funds,  income,  taxable  prop- 
erty, and  other  resources  of  the  State.  He  apportions  the 
interest  of  the  permanent  school  fund  among  the  several 
counties  of  the  State.  He  has  supervision  of  insurance, 
banking,  municipal  accounting,  loan  and  trust  companies, 
and  building  and  loan  associations.  Claims  against  the 
State  are  presented  to  him  for  settlement.  His  term  of 
office  is  two  years,  and  his  compensation  is  $4000  per  year. 

The  Treasurer  of  State  receives  and  disburses  the 
State  revenues.  However,  he  pays  no  money  out  of  the 
State  treasury  except  on  warrants  properly  drawn  by  the 
State  Auditor.    With  the  advice  and  approval  of  the  Ex- 


86  THE    GOVERNMENT    OF    IOWA. 

ecutive  Council  he  may  designate  one  or  more  banks  in  the 
city  of  Des  Moines  as  a  depository  or  depositories  for  the 
collection  of  any  drafts,  checks,  and  certificates  of  deposit 
that  may  be  received  by  him  on  account  of  any  claim  due 
the  State.  Such  banks  are  required  to  pay  to  the  State, 
on  moneys  remaining  on  deposit,  interest  at  a  rate  agreed 
upon  between  the  Treasurer  and  the  bank  with  the  ap- 
proval of  the  Executive  Council.  In  the  fiscal  period, 
1906-1908,  the  State  Treasurer  reported  having  received 
to  the  credit  of  the  State  $27,794.84  for  interest  on  State 
funds.  All  told,  the  State  Treasurer  has  the  custody  of 
about  twenty-two  millions  of  dollars  in  each  biennial 
period.  His  bond,  therefore,  is  unusually  high,  being  in 
the  sum  of  $300,000,  the  highest  of  all  the  State  officers. 
Like  the  two  preceding  State  officers,  his  term  of  office  is 
two  years  and  his  salary  is  $4000  per  year,  with  no  addi- 
tional compensation  as  a  member  of  the  Executive  Council. 

The  Executive  Council.  —  The  Governor,  the  Secretary 
of  State,  the  State  Auditor,  and  the  State  Treasurer  con- 
stitute the  Executive  Council  of  Iowa.  It  is  not  a  body 
like  the  President's  cabinet,  for  the  Governor  does  not 
exercise  any  choice  in  the  selection  of  its  members,  nor  is  he 
independent  of  the  other  members.  In  fact,  the  other  three 
members  may  act  without  the  Governor,  for  three  members 
constitute  a  quorum  for  the  transaction  of  business.  The 
Executive  Council  is  a  creation  of  the  General  Assembly, 
and  was  established  by  an  enactment  in  the  Code  of  1873. 
It  is  a  body  upon  which  the  General  Assembly  has  imposed 
a  great  variety  of  duties,  the  chief  of  which  are  the  equali- 


THE    EXECUTIVE    DEPARTMENT.  87 

zation  of  assessments,  the  canvassing  of  election  returns, 
the  superintendence  of  the  census,  and  the  care  and  custody 
of  the  property  of  the  State  when  no  other  provision  is 
made,  to  procure  for  State  officers,  the  General  Assembly, 
and  the  Supreme  Court  all  necessary  fuel,  light,  supplies, 
furniture,  and  all  paper  for  public  printing  and  stationery 
for  public  officials.  The  Council  approves  the  banks  desig- 
nated by  the  State  Treasurer  as  depositories  for  the  collec- 
tion of  drafts,  receipts,  etc.,  received  for  the  State.  It  ap- 
points the  Board  of  Examiners  for  State  Mine  Inspectors. 
It  audits  and  approves  the  accounts  of  a  large  number  of 
officials  and  employees  of  the  State,  and  by  a  majority 
vote  it  may  remove  from  office,  for  causes  stated  in  the 
law,  members  of  the  Board  of  Curators  of  the  State  His- 
torical Society,  members  of  the  Board  of  Educational 
Examiners  appointed  by  the  Governor,  the  Director  of  the 
weather  and  crop  service,  the  Fish  and  Game  Warden, 
members  of  the  Commission  of  Pharmacy,  members  of  the 
Board  of  Dental  Examiners,  members  of  the  Board  of  Pa- 
role, the  State  Dairy  and  Food  Commissioner,  Custodian 
of  Public  Buildings  and  Property,  State  Veterinary  Sur- 
geon, Oil  Inspectors,  members  of  the  Commission  of  Ani- 
mal Health,  Inspectors  of  Passenger  Boats,  members  of 
the  Board  of  Optometry  Examiners,  and  members  of  the 
Library  Commission  appointed  by  the  Governor.  Work 
on  the  Executive  Council  takes  up  a  large  part  of  the  time 
of  its  members,  and  its  activities  are  second  only  to  those 
of  the  Legislature  itself.  The  Governor  is  the  only  member 
of  the  Council  who  now  receives  extra  compensation  for  his 
services, 


88  THE    GOVERNMENT    OF    IOWA. 

Appointive  Officers.  —  Provision  is  also  made  for  nu- 
merous boards,  commissioners,  and  inspectors,  exercising 
executive  power  pertaining  to  their  respective  offices, 
which  will  be  considered  at  some  length  in  the  next 
chapter.  The  high  cost  of  government  to-day  is  charged,  to 
a  large  extent,  to  the  needless  duplication  of  work  by 
numerous  boards  and  commissions. 

QUESTIONS  ON  THE  TEXT. 

i.  What  is  the  exact  method  of  electing  a  Governor  in  Iowa? 

2.  What  is  the  Governor's  oath  of  office? 

3.  What  are  the  functions  of  a  Lieutenant-Governor? 

4.  What  is  the  compensation  of  the  Governor?  Of  the  Lieutenant- 
Governor? 

5.  Name  five  powers  of  the  Governor  of  Iowa. 

6.  What  is  the  Executive  Council  and  what  are  its  functions? 

7.  What  are  the  duties  of  the  Secretary  of  State? 

8.  What  are  the  duties  of  th3  State  Auditor? 

ADDITIONAL  READINGS. 

The  Messages  and  Proclamations  of  the  Governors  of  Iowa  from  1836  to 
1901  have  been  published  in  seven  volumes  by  the  State  Historical  Society 
of  Iowa. 

The  Executive  Veto  in  Iowa,  I.  J.  H.  P.,  Vol.  XV,  p.  155. 

Two  articles  in  the  Applied  History  Series,  Vol.  II,  show  the  Governor's 
part  in  the  Appointment  and  removal  of  public  officers  in  Iowa.  See  pp. 
317  and  389. 


CHAPTER  XII. 

ADMINISTRATIVE  OFFICERS,  BOARDS,  AND  COM- 
MISSIONS. 

Administration.  —  In  the  last  chapter  we  considered, 
in  addition  to  the  chief  executive,  the  more  important  ex- 
ecutive officers  elected  by  the  people.  A  study  of  the  ex- 
ecutive department  of  government,  however,  must  be  made 
to  include  that  numerous  and  important  group  of  officials 
known  as  the  administrative  officers.  We  frequently  speak 
of  the  Governor  and  the  chief  State  officers  as  the  admin- 
istration. But  in  addition  to  these  there  is  a  large  number 
of  individuals  or  groups  of  individuals  usually  receiving 
their  offices  by  appointment,  who  perform  duties  prescribed 
by  the  legislature.  These  administrative  organs  are  gen- 
erally designated  as  boards,  commissions,  inspectors,  com- 
missioners, wardens,  or  superintendents. 

The  Chief  Boards.  —  The  chief  of  these  administrative 
organs  are :  the  Board  of  Control  of  State  Institutions, 
the  State  Board  of  Education,  and  the  Board  of  Railroad 
Commissioners.  Prior  to  July  i,  1898,  there  existed  in 
Iowa  a  large  number  of  separate  boards,  each  charged  with 
the  care  and  administration  of  some  particular  institution 
established  either  for  the  purpose  of  maintaining  social  order 

89 


90  THE    GOVERNMENT   OF   IOWA. 

or  of  carrying  out  some  of  the  numerous  optional  functions 
of  government.  In  more  recent  years  many  of  these  boards 
have  been  abolished  and  their  duties  transferred  to  the 
chief  boards  above  mentioned. 

The  Board  of  Control.  —  By  a  law  which  became  effec- 
tive on  July  i,  1898,  a  board  of  three  persons,  appointed 
by  the  Governor  and  confirmed  by  the  Senate,  was  given 
the  power  to  manage,  control,  and  govern  the  charitable 
and  penal  institutions  of  the  State.  When  the  State  Sana- 
torium for  the  Treatment  of  Tuberculosis  was  established 
by  law  in  1905,  it  also  was  placed  under  the  Board  of  Con- 
trol. Likewise  the  Board  of  Control  was  directed  by  the 
General  Assembly  to  provide  for  the  detention  and  treat- 
ment of  dipsomaniacs  and  inebriates  at  one  or  more  of  the 
hospitals  for  the  insane.  The  departments  thus  created 
were  to  be  known  as  hospitals  for  inebriates.  By  an  act  of 
the  Thirty-fourth  General  Assembly,  in  191 1,  the  care  and 
management  of  the  College  for  the  Blind  was  placed  under 
the  care  of  the  State  Board  of  Education,  and  in  191 7  the 
State  School  for  the  Deaf  was  likewise  given  to  their  care. 

The  members  of  the  Board  of  Control  of  State  Institu- 
tions hold  office  for  a  term  of  six  years,  one  of  their  number 
retiring  every  two  years.  Each  member  receives  $4000  per 
year  for  his  services,  and  is  allowed  all  necessary  travelling 
expenses. 

The  duties  of  the  Board  of  Control  are  numerous  and 
often  trying,  for  they  have  many  minor  officials  to  superin- 
tend, the  purchase  and  regulation  of  supplies  to  look  after, 
the  maintenance  of  a  uniform  system  of  bookkeeping,  and 


ADMINISTRATIVE   OFFICERS.  9 1 

the  keeping  of  separate  accounts  with  each  institution. 
The  institutions  at  present  under  the  management  of  the 
Board  of  Control  of  State  Institutions  are  the  following:  — 

The  Iowa  Soldiers'  Home  at  Marshalltown. 

The  Iowa  Soldiers'  Orphans'  Home  at  Davenport. 

The  Institution  for  Feeble-minded  Children  at  Glenwood. 

The  State  Sanatorium  for  the  Treatment  of  Tuberculosis 
at  Oakdale  (near  Iowa  City). 

The  Training  School  for  Boys  at  Eldora. 

The  Training  School  for  Girls  at  Mitchellville. 

The  State  Juvenile  Home  for  children  under  fifteen  years 
of  age  at  Toledo. 

The  Mt.  Pleasant  State  Hospital  for  Insane  at  Mt. 
Pleasant. 

The  Independence  State  Hospital  for  Insane  at  Inde- 
pendence. 

The  Clarinda  State  Hospital  for  Insane  at  Clarinda. 

The  Cherokee  State  Hospital  for  Insane  at  Cherokee. 

The  State  Hospital  for  Inebriates  at  Knoxville.1 

The  State  Hospital  for  Female  Inebriates  at  Mt.  Pleasant. 

The  Penitentiary  at  Ft.  Madison. 

The  Men's  Reformatory  at  Anamosa. 

The  Woman's  Reformatory  at  Rockwell  City. 

The  State  Hospital  and  Colony  for  Epileptics  at  Wood- 
ward. 

The  State  Board  of  Education.  —  The  success  of  the 
Board  of  Control  of  State  Institutions  in  managing  effi- 

JIn  1919  the  Board  of  Control  was  authorized  to  abolish  this  hospital  and 
transfer  its  few  remaining  patients  to  other  State  institutions.  The  closing 
of  this  hospital  is  the  direct  result  of  prohibition. 


92  THE   GOVERNMENT   OF   IOWA. 

ciently  and  economically  the  institutions  under  their  care 
soon  led  to  a  demand  for  a  central  board  to  manage  the 
three  higher  educational  institutions  of  the  State;  namely, 
the  State  University  at  Iowa  City,  the  State  College  of 
Agriculture  and  Mechanic  Arts  at  Ames,  and  the  State 
Teachers'  College  at  Cedar  Falls. 

It  was  in  1909  that  the  General  Assembly  passed  an  act 
creating  the  State  Board  of  Education.  This  Board  con- 
sists of  nine  members,  appointed  by  the  Governor  and  con- 
firmed by  a  two-thirds  vote  in  the  Senate.  They  are 
appointed  for  a  term  of  six  years,  three  of  their  number 
retiring  every  two  years.  Not  more  than  five  members 
may  belong  to  the  same  political  party,  and  not  more  than 
one  alumnus  from  each  of  the  three  institutions  may  be  on 
the  Board  at  the  same  time. 

The  State  Board  of  Education  is  given  full  power  to  fill 
all  positions,  academic,  administrative,  and  clerical,  in  the 
three  institutions  named,  to  fix  all  compensations,  to  make 
rules  and  regulations  for  their  government,  and  to  manage 
and  control  all  property  belonging  to  them.  For  the  gen- 
eral supervision  of  the  financial  affairs  of  the  educational 
institutions  the  Board  of  Education  chooses  from  outside 
of  their  own  number  three  persons  who  constitute  the 
Finance  Committee.  The  members  of  this  Committee  de- 
vote all  their  time  to  this  work,  hold  office  for  three  years, 
unless  removed  by  a  two-thirds  vote  of  the  Board,  and  re- 
ceive each  an  annual  compensation  of  $3600  along  with 
necessary  travelling  expenses.  The  members  of  the  Board 
are  allowed  $10  per  day  for  their  services,  but  such  allow- 
ance shall  not  be  made  for  more  than  sixty  days  in  any  one 
year. 


ADMINISTRATIVE    OFFICERS.  93 

The  College  for  the  Blind  at  Vinton  and  the  School  for 
Deaf  at  Council  Bluffs  have  also  been  placed  under  the  con- 
trol of  the  State  Board  of  Education,  since  the  work  of 
these  institutions  is  educational  in  character. 

The  Board  of  Railroad  Commissioners.  —  This  impor- 
tant board  consists  of  three  members  elected  by  the  people 
at  the  general  election  for  State  officers.  Their  term  of 
office  is  four  years  and  their  compensation  is  $3600  per 
year,  with  necessary  travelling  expenses  and  free  trans- 
portation upon  the  railroads  of  the  State. 

The  Board  of  Railroad  Commissioners  has  general  super- 
vision of  all  railroad  and  express  companies  within  the 
State.  It  is  the  duty  of  the  Board  to  see  that  railroads  and 
their  equipment  comply  with  the  requirements  of  law  in 
the  interest  of  public  health  and  public  safety,  and  to 
prosecute  violations  of  the  State  law  relative  to  rates  and 
charges. 

Office  of  the  Commerce  Counsel.  —  By  free  passes  and 
special  favors  in  the  matter  of  rates  and  charges,  railroad 
and  express  companies  became  powerful  factors  in  the 
State  politics,  and  for  a  long  time  they  were  successful  in 
defeating  legislation  which  was  intended  better  to  regulate 
and  control  them.  With  the  passage  of  laws  prohibiting 
passes  and  discriminating  rates,  the  Board  of  Railroad 
Commissioners  found  it  nearly  impossible  to  prosecute  all 
cases  of  violation  of  the  State  laws.  It  was  in  order  to 
make  the  work  of  the  Commissioners  more  effective  that 
the  Thirty-fourth  General  Assembly,  in  191 1,  established 


94  THE    GOVERNMENT    OF   IOWA. 

in  connection  with  the  Board  of  Railroad  Commissioners 
the  office  of  Commerce  Counsel. 

The  Commerce  Counsel,  who  must  be  an  attorney  of  the 
State,  is  appointed  by  the  Board  of  Railroad  Commis- 
sioners, subject  to  the  approval  of  two-thirds  of  the  mem- 
bers of  the  Senate  in  executive  session.  He  holds  the  office 
for  four  years  and  receives  a  compensation  of  $5000  per 
year. 

The  Commerce  Counsel  is  the  legal  adviser  of  the  Board 
of  Railroad  Commissioners  and  his  chief  duties  are  to  in- 
vestigate the  reasonableness  of  rates  charged  or  to  be 
charged  by  railroad  and  express  companies,  and  whenever 
such  rates  or  charges  are  unjust,  unlawful,  or  unreason- 
able, to  institute  proceedings  and  prosecute  the  same  be- 
fore the  Iowa  Board  of  Railroad  Commissioners  or  the 
United  States  Interstate  Commerce  Commission,  according 
as  they  affect  intrastate  or  interstate  business. 

The  regulation  of  railroad  rates  within  a  state  has 
heretofore  been  looked  upon  as  a  State  function.  But 
the  Federal  transportation  act  of  1920,  giving  the  Interstate 
Commerce  Commission  power  to  fix  rates  which  will  yield 
a  predetermined  rate  of  interest,  seems  to  have  deprived 
the  States  oi  their  rate- making  power. 

The  Functions  of  Government.  —  It  would  be  difficult 
to  make  a  definite  and  complete  enumeration  of  the  func- 
tions of  government,  for  the  list  is  constantly  expanding  to 
meet  the  growing  needs  of  society.  The  functions  of  gov- 
ernment have  sometimes  been  classified  as  essential  and 
optional.  By  essential  functions  of  government  we  mean 
those  activities  of  the  State  which  aim  to  preserve  its  own 


ADMINISTRATIVE    OFFICERS.  95 

existence  and  to  maintain  internal  order,  including  the 
protection  of  life,  liberty,  and  property.  By  optional  func- 
tions of  government  we  mean  those  activities  of  the  State 
which  are  undertaken  to  promote  the  general  welfare  of 
its  citizens  along  moral,  intellectual,  and  economic  lines. 
They  include  many  activities  which,  if  not  undertaken  by 
government,  would  be  discriminatingly  or  inefficiently  per- 
formed by  private  agencies,  or  perhaps  they  would  not  be 
undertaken  at  all. 

As  the  State  has  undertaken  new  functions,  it  has  created 
special  agents  to  see  that  these  functions  are  properly  per- 
formed. Thus  there  has  been  established  in  Iowa  a  large 
number  of  offices,  boards,  and  commissions.  It  would  be 
impracticable  to  give  a  detailed  description  of-  all  of  these 
agencies  of  the  State,  but  a  brief  outline  of  each  is  included 
in  the  table  below.  A  further  discussion  of  the  functions  of 
government  will  be  considered  in  the  last  chapter.  In  the 
table  here  presented  it  is  intended  only  to  give  the  names 
of  the  State  agencies,  the  method  of  appointment,  the  term 
of  office,  the  compensation,  and  duties  prescribed  by  law. 

These  boards  and  commissions  are  all  created  by  legis- 
lative action,  and  may  be  abolished,  consolidated  or  ex- 
panded by  the  General  Assembly.  It  is  therefore  difficult 
to  compile  any  data  relative  to  them  which  will  remain 
accurate  and  up-to-date  for  any  length  of  time. 

From  time  to  time  suggestions  have  been  made  for  the 
consolidation  of  these  boards  and  commissions  into  a  few 
well-organized  departments  under  the  control  of  the 
Governor,  and  it  seems  quite  likely  that  some  such  plan 
will  be  adopted  in  the  near  future,  in  the  interests  of 
economy  and  efficiency. 


96 


THE    GOVERNMENT    OF   IOWA. 


TABLE  OF  ADMINISTRATIVE  OFFICERS. 


Name  of  Office 

How  Chosen 

Term  of 
Office 

Yearly 
Salary 

Powers  and  Duties 

Adjutant    Gen- 
eral and  Cus- 
todian of  Pub- 
lic Buildings 

Appointed      by 
Governor  with 
consent of Sen- 
ate 

4  yrs. 

$3000 

Issues  and   transmits  all 
orders     of     the     Com- 
mander-in-Chief. Keeps 
the  military  records  of 
the  State.  As  Custodian 

Director          of 
Weather   and 

Appointed      by 
Governor     on 

2  yrs. 

$1500 

he  has  charge  of  Capitol 
Building  and  Grounds 
Establishes  two  or  more 
volunteer   weather  and 

Crop  Service 

recommenda- 
tion   of    State 
Board  of  Agri- 
culture 

crop    stations    in    each 
county.     Tabulates  re- 
ports    for     permanent 
records  of  climate  and 

Fish  and  Game 
Warden 

Appointed      by 
Governor 

3  yrs. 

$2400 

crops.     Issues   publica- 
tions relative  to  weather 
and  crops 
Has  charge  of  the  restock- 
ing and  distribution  of 
fish   and    game   in    the 
State.  Appoints  numer- 
ous deputies  to  aid  in 
the  enforcement  of  the 
fish  and  game  laws  of 
the  State 

Food  and  Dairy 
Commissioner 

Appointed     by 
Governor 

2  yrs. 

$33oo" 

Inspects   creameries    and 
dairies,  enforces  the  pure 
food  laws,  the  stock  food 
and  seed  laws,  and  the 
paint  law.    Has  charge 
of  the  weights  and  mea- 

Hotel Inspector 

Appointed     by 
the    State 
Board     of 
Health 

2  yrs. 

$2400" 

sures 
Required  to  inspect  every 
hotel  once  each  year  or 
oftener  on  the  complaint 
of  three  or  more  patrons. 
Enforces    laws    relative 
to  construction,  fire  es- 
capes, and  sanitation 

1  Entitled  to  necessary  travelling  expenses. 


ADMINISTRATIVE    OFFICERS. 


97 


TABLE  OF  ADMINISTRATIVE  OFFICERS— Continued. 


Name  of  Office 

How  Chosen 

Term  of 
Office 

Yearly 
Salary 

Powers  and  Duties 

Inspector    of 

Appointed      by 

Indefi- 

$1500 ap- 

Inspects apiaries  for  dis- 

Bees 

State  Board  of 

nite 

propri- 

ease   known    as    "foul 

Education  and 

ated  for 

brood"  to  give  instruc- 

connectedwith 

thiswork 

tions   for   treatment   of 

the      Agricul- 

same.   May  destroy  in- 

tural   College 

fected  colonies  if  neces- 
sary 

State  Inspectors 

Appointed     by 

2  yrs. 

Fees    col- 

Inspects sail  and  steam- 

of Boats 

Governor;    as 
many  as  nec- 
essary 

lected 

boats  plying  upon  the 
inland  waters  of  the 
State,  and  issues  certifi- 
cates for  same.  Also 
issues  certificates  to  en- 
gineers and  pilots 

State  Fire  Mar- 

Appointed     by 

4  >'rs. 

$2500 

Devotes  his   entire   time 

shal 

Governor  with 
consent     of 
Senate 

to  the  work.  Appoints 
deputies  and  inspectors 
to  investigate  the  cause 
and  origin  of  every  fire 
and  make  a  record  of 
the  same.  Examines 
buildings  and  compels 
owners  to  render  same 
safe  from  fire.  Requires 
teachers  to  hold  fire  drills 

State  Inspectors 

Governor      ap- 

2 yrs. 

Chief    In- 

Examine and  test  all  oils 

of  Oils 

points    14   in- 

spector 

offered     for     sale     and 

spectors,     one 

$ 2  200 ; 

mark  the  same  approved 

of     whom     is 

others 

or  rejected 

designated    as 

$100  per 

Chief    Inspec- 

month 

tor 

State  Mine  In- 

Governor     ap- 

4 yrs. 

$2700' 

Examine  and  inspect  the 

spectors 

points      three 
and       assigns 
each  to  a  dis- 
trict 

mines  of  the  State  and 
enforce  the  laws  rela- 
tive to  safety  and  sani- 
tation therein 

Entitled  to  necessary  travelling  expenses. 


9S 


THE    GOVERNMENT   OF   IOWA. 


TABLE  OF  ADMINISTRATIVE  OFFICERS— Continued. 


Name  of  Office 

How  Chosen 

Tfrm  of 
Office 

Yearly 
Salary 

Powers  and  Duties 

StateVeterinary 

Appointed      by 

3  yrs. 

$3000 

Has  supervision  of  all  con- 

Surgeon 

Governor 

tagious  and  infectious 
diseases  among  domestic 
animals  within  the  State 
or  in  transit  through  the 
State.  Is  ex  officio  a 
member  of  the  State 
Board  of  Health,  the 
Department  of  Agricul- 
ture, and  the  Commis- 
sion of  Animal  Health 

Commissioner 

Appointed      by 

4  yrs. 

$3600 

Has  general  control,  su- 

of Insurance 

the    Governor 
with     consent 
of  the  Senate 

pervision  of  all  insurance 
business  in  the  State, 
enforces  the  insurance 
law,  and  examines  in- 
surance companies  to 
determine  their  sol- 
vency. 

Superintendent 

Appointed      by 

4  yrs. 

$4000 

He   is   the   head   of    the 

of  Banking 

the    Governor 
with     consent 
of  the  Senate 

Banking  Department  of 
Iowa  and  has  general 
control  and  supervision 
of  all  banks  and  trust 
companies  in  the  State 

Industrial  Com- 

Appointed     by 

6  yrs. 

$3300 

Has  jurisdiction  in  adjust- 

missioner 

the    Governor 
with     consent 
of  the  Senate 

ing  claims  for  personal 
injury  arising  out  of 
and  occurringin  employ- 
ments other  than  agri- 
cultural, clerical,  do- 
mestic, or  casual 

ADMINISTRATIVE    OFFICERS. 


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THE   GOVERNMENT   OF   IOWA. 


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106  THE    GOVERNMENT   OF   IOWA. 

Temporary  Boards  and  Commissions.  —  The  purposes 
for  which  many  State  boards  or  commissions  have  been 
established  have  been  temporary.  Examples  of  such  com- 
missions are:  the  Code  Commission,  the  Commission  to 
Locate  the  Seat  of  Government,  and  the  State  Capitol  Com- 
mission. When  the  General  Assembly  feels  that  it  has  not 
sufficient  information  upon  which  to  act  intelligently  in 
the  making  of  laws,  it  sometimes  appoints  commissions  to 
make  special  reports;  but  it  is  in  no  way  bound  to  act  upon 
the  reports  submitted  by  such  commissions.  Thus,  the 
elaborate  report  and  recommendations  to  the  Thirty-third 
General  Assembly,  in  1909,  submitted  by  the  Educational 
Commission  were  not  acted  upon.  The  Thirty-fourth  Gen- 
eral Assembly,  in  1911,  established  two  important  com- 
missions to  report  to  the  Thirty-fifth  General  Assembly 
in  1 9 13;  namely,  the  Employers'  Liability  Commission, 
and  the  Tax  Commission. 

Employers'  Liability  Commission.  —  This  Commission 
was  appointed  to  investigate  and  report  upon  the  problems 
of  industrial  accidents  in  this  and  other  States  and  to  ascer- 
tain the  most  equitable  and  effectual  method  of  providing 
compensation  for  losses  suffered. 

The  Workmen's  Compensation  Law  was  enacted  partly 
upon  the  recommendations  of  this  Commission  and  the 
office  of  Iowa  Industrial  Commissioner  was  provided  to 
carry  out  the  provisions  of  the  law. 

Tax  Commission.  —  In  like  manner  a  Tax  Commission 
was  created  in  191 1  "to  examine  into  tax  assessments,  tax 


ADMINISTRATIVE    OFFICERS.  107 

levy  and  tax  collection  laws  of  the  State  of  Iowa,  and  of 
other  States,  and  use  such  means  and  make  such  in- 
vestigations as  it  shall  deem  best  to  secure  information,  for 
the  purpose  of  ascertaining  whether  the  present  laws  of  the 
State  of  Iowa  regulating  the  assessment,  levying,  and  col- 
lection of  taxes  may  not  be  improved,  and  to  report  its 
findings  together  with  such  recommendation  as  it  may 
deem  desirable,  to  the  Governor  not  later  than  October 
1,  191 2."  The  Commission  reported,  recommending  im- 
portant changes  in  our  tax  laws,  but  the  General  Assembly 
refused  to  act  upon  their  recommendations. 

State  Aid  to  Private  Institutions.  —  In  addition  to  the 
various  boards  and  commissions  established  by  law,  en- 
couragement has  been  given  to  associations  whose  activ- 
ities are  of  benefit  to  the  State.  Thus  the  State  makes 
appropriations  for  the  benefit  of  or  prints  the  proceedings 
of  such  associations  as  the  Iowa  Academy  of  Sciences, 
the  State  Teachers'  Association,  the  State  Horticultural 
Society,  and  the  Improved  Stock  Breeders'  Association. 
Frequently  charitable  or  educational  institutions  privately 
conducted  apply  for  and  receive  State  aid. 


QUESTIONS   ON  THE  TEXT. 

1.  What  are  the  chief  boards  in  Iowa? 

2.  How  are  the  penal  and  charitable  institutions  of  the  State 
managed? 

3.  What  advantage  is  it  to  the  State  to  have  its  institutions  managed 
by  one  board  devoting  all  its  time  to  the  work  rather  than  to  have 
numerous  boards  devoting  only  part  time  to  the  work? 

4.  What  are  the  duties  of  the  State  Board  of  Education? 


108  THE    GOVERNMENT   OF   IOWA. 

5.  What  is  the  relation  of  the  Finance  Committee  to  the  State 
Board  of  Education? 

6.  What  are  the  duties  of  the  Railroad  Commissioners? 

7.  In  what  way  does  the  Commerce  Council  make  the  work  of  the 
Railroad  Commissioners  more  effective? 

8.  Why  is  it  better  to  have  boards  and  commissions  appointed  by 
the  Governor  rather  than  elected  by  the  people? 

9.  Why  is  it  a  proper  function  of  government  to  care  for  the  defec- 
tive and  dependent  classes? 

io.  What  functions  of  government  may  be  considered  as  essential, 
and  what  as  optional? 

11.  What  purposes  do  temporary  boards  serve? 

ADDITIONAL  READINGS 

Note.  —  I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

The  Problems  of  Administration  in  Iowa,  I.  J.  H.  P.,  Vol.  I,  p.  467. 

The  Re-Organization  of  Slate  Government  in  Iowa,  Iowa  Applied  History 
Series,  Vol.  II,  p.  3. 


CHAPTER  XIII. 

THE    JUDICIAL   DEPARTMENT. 

The  Courts.  —  The  interpretation  of  the  law  by  a  de- 
partment of  government  which  neither  makes  nor  executes 
the  law  has  been  found  to  be  an  essential  safeguard  to  the 
personal  and  property  rights  of  the  citizens.  Experience  has 
taught  that  the  judicial  system  is  most  effective  where  the 
courts  are  arranged  in  a  graded  series  from  lower  to  higher  so 
that  the  minor  and  less  important  cases  may  be  settled 
in  the  lower  courts,  allowing  the  higher  tribunals  time  to 
devote  their  energies  to  the  settlement  of  the  more  impor- 
tant cases. 

The  Justice  of  the  Peace.  —  At  the  bottom  of  the  ju- 
dicial scale  is  the  Justice  of  the  Peace  Court,  the  judges 
of  which  are  elected  by  the  people  in  each  township. 
In  Iowa  each  township  has  two  justices  of  the  peace, 
but  they  are  classed  as  County  Officers.  They  must  reside 
in  the  township  in  which  they  are  elected.  A  justice  of 
the  peace  may  try  cases  coming  within  his  jurisdiction 
anywhere  in  the  County  in  which  he  resides,  but  not  outside 
of  it.  He  may  try  all  civil  cases  in  which  the  amount 
in  controversy  does  not  exceed  $100,  or  with  the  con- 
sent  of  both  parties  the  amount  may  be  as  high  as 
$300.     In  criminal   suits  the  justice  of   the   peace   may 

109 


IIO  THE   GOVERNMENT   OF  IOWA. 

try  cases  wherein  the  penalty  does  not  exceed  $100  fine 
or  thirty  days  in  the  county  jail.  The  justice  of  the 
peace  may  also  conduct  preliminary  hearings  in  criminal 
cases  outside  of  his  jurisdiction,  and  he  may  bind  offenders 
over  to  the  grand  jury,  fixing  such  bail  as  the  law  author- 
izes. An  appeal  may  be  taken  from  the  decision  of  the 
justice  of  the  peace  to  the  District  Court,  except  in  those 
civil  cases  where  the  amount  involved  is  less  than  twenty- 
five  dollars. 

In  addition  to  his  judicial  duties  a  justice  of  the  peace 
may  perform  the  marriage  ceremony ;  he  may  act  as 
coroner;  and  he  may  acknowledge  papers  and  administer 
oaths.  His  term  of  office  is  two  years.  In  most  cases  he 
receives  no  fixed  salary,  but  is  entitled  to  all  fees  up  to  a 
certain  amount  fixed  by  law. 

The  District  Court.  —  Above  the  Justice  of  the  Peace 
Court  is  the  District  Court,  which  has  jurisdiction  over 
nearly  all  of  the  more  serious  offences  and  in  the  more  im- 
portant civil  cases.     It  may  be  said  to  be  a  court  of  general 
jurisdiction;    and  all  actions  civil,  criminal,  equitable,  or 
probate  may  be  begun  there.    At  the  present  time  (1920) 
the  State  is  divided  into  twenty-one  judicial  districts,  and 
from  two  to  five  judges  are  allotted  by  law  to  each  district 
in  accordance  with  population  and  the  volume  of  business. 
There  are  in  all  sixty-four  district  court  judges,  each  elected 
by  the  people  of  his  district  and  holding  office  for  four 
years  at  a  compensation  of  $4000  per  year.    In  each  County 
at  least  four  sittings  of  the  District  Court  must  be  held 
each  year. 


THE   JUDICIAL  DEPARTMENT.  Ill 

Superior  Courts.  —  The  name  Superior  Court  is  some- 
what misleading  since  it  is  not  a  court  above  the  District 
Court,  but  is  in  fact  inferior  to  it.  The  General  Assembly- 
has  provided  that  any  city  of  four  thousand  inhabitants 
may  by  a  vote  of  the  people  establish  a  Superior  Court. 
Seven  such  courts  have  to  date  (1920)  been  established  in 
Iowa.1  The  Judge's  term  of  office  is  the  same  as  that  of 
District  Judges  (namely,  four  years);  but  his  compensa- 
tion is  less,  being  but  $2000  per  year  except  in  cities  of 
40,000  population  and  over,  in  which  he  receives  $3000 
per  year.  Half  of  the  salary  of  Superior  Court  Judges  is 
paid  out  of  the  city  treasury  and  the  other  half  out  of  the 
County  treasury. 

A  Superior  Court  when  established  takes  the  place  of  a 
police  or  mayor's  court  and  has  exclusive  jurisdiction  in  all 
cases  arising  under  the  city  ordinances.  It  has  concurrent 
jurisdiction  with  the  District  Court  in  all  civil  matters, 
except  in  probate  matters  and  actions  for  divorce,  ali- 
mony, and  separate  maintenance.  It  also  has  concurrent 
jurisdiction  with  justices  of  the  peace.  Writs  of  error  and 
appeals  may  be  taken  to  the  Superior  Courts  from  the 
Justice  of  the  Peace  Courts  in  the  township  in  which  the 
Superior  Court  is  held,  and,  by  the  consent  of  both  parties, 
from  any  other  township  in  the  County.  That  the  Superior 
Court  is  inferior  to  the  District  Court  is  shown  by  the  fact 
that  in  criminal  cases  an  appeal  may  be  taken  to  the  Dis- 
trict Court  in  the  same  manner  as  provided  for  appeals 
from  Justice  of  the  Peace  Courts  in  criminal  cases.     The 

1  Superior  Courts  have  been  established  in  Cedar  Rapids,  Council  Bluffs, 
Grinnell,  Keokuk,  Oelwein,  Perry,  and  Shenandoah. 


112  THE    GOVERNMENT   OF   10 WA. 

organization  of  a  Superior  Court  is  a  distinct  advantage  to 
a  city  of  considerable  size  which  is  located  at  a  distance 
from  the  County  seat. 

In  cities  of  five  thousand  population  or  over  the  people 
may  vote  to  establish  a  Municipal  Court,  and  when  so 
established  the  police  court,  mayor's  court,  Justice  of  the 
Peace  Court,  and  Superior  Court  in  and  for  the  territory 
within  the  Municipal  Court  district  are  abolished. 

The  Supreme  Court.  —  At  the  head  of  the  judicial  sys- 
tem in  Iowa  stands  the  Supreme  Court.  It  consists  of 
seven  justices,  all  elected  by  the  people.  Their  term  of 
office  is  six  years,  two  justices  being  elected  biennially  at 
the  general  election.  The  justices  of  the  Supreme  Court 
of  Iowa  each  receive  a  compensation  of  $6000  annually. 
Four  justices  constitute  a  quorum  for  the  transaction  of 
business.  When  one  Supreme  Court  justice  was  elected 
annually,  the  one  whose  term  expired  first  was  Chief  Jus- 
tice in  his  last  year;  but  since  the  biennial  election  amend- 
ment was  adopted,  the  terms  of  two  or  sometimes  three 
of  the  justices  expire  at  the  same  time.  In  such  cases  the 
oldest  serves  as  Chief  Justice  in  the  fifth  year  of  his  term, 
and  the  next  oldest  serves  as  Chief  Justice  in  the  last  year 
of  his  term. 

The  Supreme  Court  exercises  a  supervisory  control  over 
all  inferior  judicial  tribunals  throughout  the  State.  Its 
chief  function  is  the  correction  of  error  at  law.  Only  in 
rare  instances  are  cases  started  in  first  instance  or  begun 
in  the  Supreme  Court;  and  cases  appealed  to  it  are  not 
retried,  except  equity  cases,  but  are  simply  reviewed  to 


THE   JUDICIAL   DEPARTMENT.  113 

determine  whether  the  trial  judge's  interpretation  of  the 
law  was  correct.  In  most  cases  the  decisions  of  the  Su- 
preme Court  of  Iowa  are  final.  When  the  Supreme  Court 
is  equally  divided  on  a  given  case  the  judgment  of  the 
lower  court  is  always  sustained.  The  Supreme  Court  of 
Iowa  holds  three  regular  terms  of  court  each  year  begin- 
ning in  January,  May,  and  September.  The  Court  may 
adjourn  from  time  to  time,  but  not  for  more  than  thirty 
days  except  during  July  and  August. 

The  Supreme  Court  may  be  divided  into  two  sections, 
the  Chief  Justice  presiding  in  open  court  with  each  section, 
the  purpose  being  to  expedite  the  work  of  the  court. 
The  court  makes  its  own  rules  for  the  submission  of  cases 
to  the  separate  sections.  The  Chief  Justice  may  direct 
the  whole  court  to  sit  upon  a  case. 

The  Clerk  of  the  Supreme  Court  and  the  Reporter  are 
now  appointed  by  the  court  itself. 

The  Public  Prosecutors.  —  An  account  of  the  judicial 
system  of  Iowa  would  be  incomplete  without  a  considera- 
tion of  the  Attorney-General  and  the  County  Attorney. 
Both  of  these  officials  are  constitutional  officers,  the  County 
Attorney  being  the  only  County  officer  provided  for  in  the 
Constitution.  Both  represent  the  State.  As  a  general 
rule  all  offenders  against  the  State  laws  are  tried  in  the 
County  in  which  the  offence  was  committed. 

County  Attorney.  —  Each  County  elects  a  County  Attor- 
ney who  represents  the  State  in  all  criminal  prosecution 
in  his  County.    He  also  represents  the  County  when  its 


114  THE    GOVERNMENT    OF    IOWA. 

interests  are  at  stake,  and  he  must  appear  on  behalf  of  the 
township  trustees  whenever  they  are  made  parties  to 
litigation  in  Counties  of  less  than  25,000  inhabitants,  unless 
the  interest  of  the  County  and  the  trustees  are  adverse. 
He  is  likewise  legal  adviser  to  the  Board  of  Supervisors  and 
County  officers. 

Attorney-General.  —  The  Attorney-General  is  a  State 
officer,  elected  in  the  same  manner  as  other  State  officers 
and  for  the  same  term  of  office.  Whenever  a  criminal 
case  is  carried  to  the  Supreme  Court,  the  Attorney-General 
takes  charge  of  the  case  instead  of  the  County  Attorney. 
He  also  represents  the  State  whenever  it  is  a  party  to  a 
suit.  This  may  be  in  a  District  Court  as  well  as  in  the 
Supreme  Court,  for  we  have  already  noted  that  he  may 
bring  suit  in  the  District  Court  for  the  removal  of  certain 
County  or  city  officers.  He  is  also  the  legal  adviser  of  the 
State  officers  and  of  the  General  Assembly,  whose  mem- 
bers may  also  ask  his  advice  upon  matters  of  law. 

The  Duty  of  Public  Prosecutor.  —  Thus  it  appears  that 
the  public  prosecutor  is  an  important  adjunct  to  the 
judicial  department,  since  the  courts  do  not  begin  suits 
against  offenders,  but  only  try  cases  which  have  been 
properly  brought  before  them.  On  the  other  hand,  the 
public  prosecutor  is  also  closely  associated  with  the  execu- 
tive department,  aiding  the  executive  in  the  enforcement 
of  law.  If  the  public  prosecutor  fails  or  neglects  to  do  his 
duty,  many  offenders  against  the  laws  of  the  State  will  go 
unpunished. 

Prior  to  191 1,  the  prosecuting  attorney  did  not  have 


THE   JUDICIAL   DEPARTMENT.  II  5 

complete  control  in  starting  criminal  proceedings  against 
all  criminals,  for  the  grand  jury  had  to  take  the  preliminary 
steps  in  all  indictable  offences.  He  could  not  prevent  or 
compel  action  on  the  part  of  the  grand  jury,  but  he  fre- 
quently determined  what  cases  were  to  come  before  the 
grand  jury.  An  amendment  to  the  Constitution  of  1884 
authorized  the  General  Assembly  to  provide  for  holding 
persons  to  answer  for  criminal  offences  without  the  inter- 
vention of  a  grand  jury,  but  no  such  provision  was  made 
until  the  session  of  the  General  Assembly  in  1911.  This 
act  provides  that  in  all  criminal  offences  in  which  the 
punishment  exceeds  a  fine  of  $100  or  exceeds  imprisonment 
for  30  days,  the  accused  may  be  prosecuted  to  final  judg- 
ment after  being  bound  over  to  the  grand  jury  on  pre- 
liminary examination,  either  on  indictment  by  the  grand 
jury  or  upon  information  of  the  County  attorney  under 
oath. 

QUESTIONS  ON  THE  TEXT. 

1.  What  is  the  function  of  the  Courts? 

2.  Why  is  a  graded  series  of  Courts  best? 

3.  Name  the  different  Courts  in  our  judicial  system. 

4.  Give  the  powers  of  a  Justice  of  the  Peace. 

5.  How  many  judicial  districts  are  there  in  the  State? 

6.  In  what  Court  are  most  of  the  serious  offences  tried? 

7.  How  does  a  Superior  Court  differ  from  a  District  Court? 

8.  Describe  the  organization  of  the  Supreme  Court  of  Iowa. 

9.  What  is  the  relation  of  the  public  prosecutor  to  the  Courts? 

ADDITIONAL  READINGS. 

Note.  —  I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Judicial  Districting  in  Iowa,  I.  J.  H.  P.,  Vol.  V,  p.  455. 

Interpretation  and  Construction  of  the  Statutes  of  Iowa,  Iowa  Applied  His- 
tory Series,  Vol.  Ill,  p.  431. 


CHAPTER  XIV. 
THE  COUNTY  AND  ITS  GOVERNMENT. 

The  Status  of  Local  Governments.  —  Turning  from  a 
consideration  of  the  State  government,  the  framework  of 
which  is  provided  for  in  the  Constitution,  we  now  enter 
upon  a  brief  consideration  of  the  government  of  those 
political  subdivisions  of  the  State  with  which  most  people 
are  more  or  less  familiar. 

With  the  exception  of  limitations  placed  upon  the 
General  Assembly  in  the  Constitution  relative  to  the 
changing  of  the  boundaries  of  counties  and  the  location  of 
county  seats  and  the  limitations  placed  upon  counties  in 
contracting  debts,  the  General  Assembly  is  given  free  hand 
in  enacting  legislation  relative  to  the  organization,  powers, 
duties,  and  officers  of  the  counties,  townships,  cities,  and 
towns  of  Iowa  as  long  as  such  legislation  is  uniform  through- 
out the  State. 

Area  of  Counties.  —  The  legislature  has  divided  the 
State  into  ninety-nine  counties,  fifty-two  of  which  are 
rectangular  in  form  and  contain  from  twelve  to  sixteen 
Congressional  townships,  with  an  area  of  432  or  576  square 
miles  in  each.  (See  map  VI.)  The  remaining  counties 
have  somewhat  irregular  boundaries  and  vary  in  area.  It 
will  be  remembered,  however,  that  the  General  Assembly 

116 


Map  VI.     Map  of  Iowa  Showing  Present  County 


varies  and  Date  of  Establishment  of  Each  County 


THE   COUNTY   AND    ITS    GOVERNMENT.  117 

is  forbidden  to  organize  any  County  with  less  than  432 
square  miles. 

County  Officers.  —  Each  County  is  a  body  corporate  for 
civil  and  political  purposes,  and  has  a  County  seat  where 
the  County  court-house  is  located.  Here  the  County 
officers  are  accommodated  and  the  District  Court  is  held. 
The  County  officers  consist  of  a  Board  of  Supervisors,  a 
County  Attorney,  an  Auditor,  a  Treasurer,  a  Recorder,  a 
Clerk,  a  Sheriff,  a  Coroner,  and  a  Superintendent  of  Schools. 
The  duties  of  these  officers  will  be  briefly  considered. 

The  Board  of  Supervisors.  —  The  Board  of  Supervisors 
in  sixty-one  counties  consists  of  three  members;  in  thirty- 
five  counties  it  consists  of  five  members;  and  in  three 
counties  it  consists  of  seven  members.  The  number  of 
Supervisors  may  be  changed  in  any  County  by  a  vote  of 
the  people  of  that  County.  The  members  of  the  Board 
are  chosen  for  a  term  of  three  years  and  their  terms  expire 
in  rotation.  The  members  of  the  Board  must  be  qualified 
electors  in  the  County  in  which  they  are  elected,  and  no 
two  of  them  may  come  from  the  same  township.  The 
Board  itself  may,  however,  divide  the  County  into  super- 
visor districts,  or  provide  for  the  election  of  its  members  at 
large.  If  the  County  is  districted,  then  each  district  is 
entitled  to  one  Supervisor.  The  Board  cannot  redistrict 
the  County  more  than  once  in  two  years.  The  Board  has 
general  supervision  and  management  of  the  affairs  of  the 
County.  The  regular  meetings  of  the  Board  as  provided 
for  by  law  are  held  on  the  second  secular  day  in  January, 
the  first  Monday  in  April  and  June,  the  second  Monday 


Il8  THE   GOVERNMENT   OF   IOWA. 

in  September,  and  the  first  Monday  in  November  in  odd- 
numbered  years,  and  the  second  Monday  in  November  in 
even-numbered  years,  after  the  election.  A  majority  of 
the  Board  constitutes  a  quorum  and  may  request  special 
meetings.  The  Board  chooses  its  own  chairman  who  pre- 
sides over  the  meetings  and  votes  as  any  other  member. 

Powers  and  Duties  of  the  Supervisors.  —  In  the  County 
there  is  not  so  clear  a  separation  of  governmental  powers 
as  prevails  in  the  State  government.  The  Board  of  Super- 
visors exercises  both  legislative  and  administrative  func- 
tions. It  makes  regulations  and  votes  appropriations ;  and 
it  sees  that  the  regulations  are  obeyed  and  that  the  money 
is  properly  spent.  The  members  are  in  fact  Supervisors 
of  the  County,  since  they  not  only  look  after  the  business 
management  of  the  County  but  also  have  general  super- 
vision over  all  other  County  officers. 

All  the  powers  and  duties  of  the  Board  of  Supervisors 
are  determined  by  the  State  and  may  be  expanded  or  con- 
tracted as  the  General  Assembly  deems  wise.  In  the  Code 
Supplement  of  1007,  twenty-three  specific  powers  of  the 
Board  of  Supervisors  are  enumerated,  and  numerous  others 
have  been  added  by  the  General  Assembly  since  then. 
The  chief  of  these  are:  to  make  orders  relative  to  the 
property  of  the  County ;  to  examine  and  settle  all  accounts 
of  the  receipts  and  expenditures  of  the  County ;  to  settle 
all  just  claims  against  the  County ;  to  provide  the  neces- 
sary buildings  for  the  use  of  the  County  and  of  the  courts ; 
to  establish,  organize,  and  name  townships;  to  require 
County  officers  to  make  reports  under  oath  and  to  give 


THE   COUNTY   AND   ITS   GOVERNMENT.  119 

bonds  for  the  faithful  performance  of  duty;  and  in  case 
of  failure  on  the  part  of  a  County  officer  to  make  the  report 
or  give  the  bond  required,  the  Board  may  by  a  majority 
vote  remove  such  County  officer  and  fill  the  vacancy  thus 
created  until  the  next  election. 

The  Board  controls  the  County  school  fund,  lays  out 
or  discontinues  public  highways  in  the  County,  and  builds 
all  bridges  in  the  County.  It  may  offer  bounties,  not  to 
exceed  five  dollars,  on  the  scalps  of  wild  animals  killed 
within  the  County  in  addition  to  those  provided  by  State 
law.  It  may  buy  the  necessary  real  estate  to  provide  a 
farm  and  home  to  support  the  County  poor;  fix  the  com- 
pensation of  all  services  of  County  and  township  officers 
not  otherwise  provided  for  by  law;  buy  real  estate  for 
County  fairs;  locate  polling  places  outside  of  cities;  estab- 
lish drainage  and  permanent  road  improvement  districts; 
and  give  decent  burial  to  honorably  discharged  but  in- 
digent soldiers  and  sailors  of  the  United  States  and  their 
wives  and  widows,  and  appoint  a  County  Engineer. 
Furthermore  the  Board  has  power  to  make  all  rules  and 
regulations,  not  inconsistent  with  law,  as  may  be  deemed 
necessary  for  the  government  of  the  County,  the  trans- 
action of  County  business,  and  the  preservation  of  order. 

The  Duties  of  the  County  Attorney.  —  The  duties  of  the 
County  Attorney  have  already  been  considered  in  the 
chapter  on  the  State  Judiciary.  (See  above,  Chapter  XIII.) 

The  County  Auditor.  —  This  officer  is  Secretary  to  the 
Board  of  Supervisors  and  has  general  custody  of  the  County 


120  THE    GOVERNMENT    OF   IOWA. 

court-house,  subject  to  the  direction  of  the  Board  of  Super- 
visors. He  has  a  great  variety  of  duties,  most  of  them 
being  connected  with  his  position  as  Secretary  to  the 
Board  of  Supervisors.  The  chief  of  these  may  be  briefly 
enumerated.  He  keeps  the  proceedings  of  the  Board  of 
Supervisors  and  sees  that  they  are  published  in  some 
newspaper  in  the  County.  He  furnishes  poll  books  for 
elections  and  makes  up  the  official  ballot  for  the  County, 
which  ballot  bears  a  facsimile  of  his  signature.  Election 
returns  are  made  to  him.  He  issues  certificates  of  election 
to  County  officers  and  holds  their  bonds.  The  resignations 
of  township  and  County  officers  are  made  to  him.  All 
transfers  of  real  estate  by  deed  in  the  County  are  recorded 
in  his  office.  He  draws  all  warrants  on  the  County  treas- 
ury, and  is  indeed  a  very  busy  and  important  officer. 

The  Auditor's  term  of  office  is  two  years.  His  compen- 
sation is  determined  by  the  population  of  the  County, 
since  from  the  very  nature  of  his  duties  the  larger  the 
population  the  more  service  he  has  to  perform.  In  1919 
the  Legislature  fixed  the  salary  of  County  Auditors  at  from 
$1700  to  $3400  according  to  population,  but  provided 
that  the  salaries  thus  established  should  not  apply  after 
June  30,  1921 — which  means  that  the  next  Legislature 
will  have  to  continue  the  present  salary  scale  if  it  is  to  be 
retained. 

The  County  Treasurer.  —  This  County  official  receives 
all  money  payable  to  the  County,  which  consists  mostly  of 
the  taxes  paid  in  the  County.  He  pays  out  money  only 
on  warrants  from  the  County  Auditor;    and  thus  each 


THE    COUNTY   AND    ITS    GOVERNMENT.  121 

officer  is  a  check  upon  the  other.  These  officers  are  usually 
under  heavy  bonds  to  insure  a  faithful  performance  of 
duties. 

The  Treasurer  must  keep  an  account  of  receipts  and 
disbursements  in  such  shape  that  they  may  be  inspected 
by  the  Board  of  Supervisors  at  any  time.  He  is  made  re- 
sponsible for  the  actual  registration  of  motor  vehicles.  He 
issues  the  number-plates  and  collects  the  license  fees. 
The  Treasurer's  term  of  office  is  two  years,  and  his  com- 
pensation is  now  the  same  as  that  of  the  Auditor.  In 
Counties  having  a  population  of  40,000  or  over  and  con- 
taining one  or  more  cities  of  the  first  class,  the  Board  of 
Supervisors  may  give  an  additional  compensation  not  to 
exceed  $50  a  year  for  each  5000  population  of  such  cities. 

The  County  Recorder.  —  As  his  title  indicates,  the 
County  Recorder  is  an  officer  charged  with  the  duty  of 
recording  instruments  in  writing  which  may  be  delivered 
to  him  for  record.  The  chief  instruments  of  record  in  his 
office  are  deeds,  mortgages,  articles  of  incorporation,  and 
the  like.  Every  change  in  the  title  of  land  must  first  be 
entered  in  the  records  of  the  County  Auditor's  office  before 
it  is  entered  in  the  office  of  the  Recorder.  In  counties  of  less 
than  10,000  inhabitants  the  same  person  may  hold  the 
office  of  County  Recorder  and  Treasurer.  The  office  of 
County  Recorder  is  one  of  the  two  County  offices  in  Iowa 
to  which  women  were  eligible  prior  to  the  adoption  of  the 
equal  suffrage  amendment.  The  compensation  is  deter- 
mined by  population.  The  amount  fixed  in  the  present 
law  ranges  from  $1600  to  $3100. 


122  THE    GOVERNMENT    OF   IOWA. 

The  County  Clerk  or  the  Clerk  of  the  District  Court.  — 

The  County  Clerk  is  an  officer  of  the  District  Court,  and 
most  of  the  duties  performed  by  him  are  connected  with 
the  work  of  that  court.  He  must  attend  the  sessions  of 
the  court  either  in  person  or  by  deputy.  He  records  the 
proceedings  of  the  court;  and  in  the  performance  of  most 
of  his  duties  he  acts  under  the  direction  of  the  District 
Judge.  When  the  court  is  not  in  session  he  is  authorized 
to  appoint  executors,  administrators,  and  guardians,  until 
the  next  session  of  the  court.  A  good,  systematic  Clerk  is 
of  great  assistance  to  the  District  Judge  in  the  disposition 
of  business. 

In  addition  to  his  duties  connected  with  the  court,  the 
Clerk  issues  marriage  licenses,  makes  a  record  of  the  same, 
and  must  see  to  it  that  the  parties  applying  therefor  are 
eligible  to  marriage  under  the  Iowa  laws.  He  also  keeps  a 
register  of  all  births  and  deaths  within  the  County.  The 
County  Clerk  is  elected  by  the  people  for  a  term  of  two 
years  and  his  compensation  ranges  from  $1700  to  $3900, 
according  to  the  population  of  the  County.  In  a  couple  of 
Counties  the  District  Court  is  held  in  two  places.  In  such 
cases  the  Clerk  may  be  given  $400  additional  pay. 

The  County  Sheriff.  —  The  office  of  Sheriff  is  one  of  the 
oldest  in  the  history  of  Anglo-Saxon  government.  In  the 
earlier  history  of  England  he  was  probably  the  most  im- 
portant and  powerful  of  the  agents  of  local  government, 
and  he  exercised  judicial  as  well  as  executive  and  adminis- 
trative powers.  The  Sheriff  has,  however,  lost  most  of  his 
ancient  prerogatives,  and  to-day  he  is  considered  chiefly 


THE  COUNTY  AND  ITS  GOVERNMENT.      1 23 

as  a  peace  officer  in  the  County.  As  such  he  may  appoint 
deputies  to  aid  him,  and  in  extreme  cases  may  call  out  the 
posse  comitatus  or  "the  power  of  the  County,"  that  is,  all 
able-bodied  persons. 

The  Sheriff  has  charge  of  the  County  jail  and  the  cus- 
tody of  all  persons  committed  to  it.  He  is  required  to 
attend  the  District  Court;  and  while  it  is  in  session  he 
may  appoint  the  necessary  number  of  bailiffs,  who  are 
regarded  as  deputy  sheriffs,  and  for  whose  acts  the  Sheriff 
himself  is  responsible.  He  may  make  arrests  in  his  own 
County.  He  executes  the  judgments  of  the  District  Court; 
and  disobedience  to  its  commands  is  contempt  of  court 
and  may  be  punished  accordingly.  He  executes  and  returns 
all  writs  and  other  legal  processes  of  the  District  Court. 

The  office  of  Sheriff,  on  account  of  the  fees  and  salary 
paid,  is  one  of  the  most  highly  prized  in  the  County.  The 
compensation  ranges  from  $1700  to  $2800  per  year,  accord- 
ing to  the  population  of  the  County;  and  in  addition  the 
Sheriff  is  authorized  to  collect  a  large  number  of  fees  for 
various  services. 

The  County  Coroner.  —  The  once  powerful  official  of  the 
Crown,  established  to  limit  the  power  of  the  Sheriff,  has 
declined  to  a  position  of  such  insignificance  that  frequently 
there  is  no  candidate  for  the  office  at  the  general  election, 
and  the  Board  of  Supervisors  is  obliged  to  fill  the  place  by 
appointment.  Should  the  office  of  Sheriff  become  vacant, 
the  Coroner  is  authorized  to  perform  all  the  duties  of 
Sheriff.  Practically  the  only  duty  remaining  to  the  office 
of  Coroner  as  such  is  the  holding  of  inquests  over  bodies  of 


124  THE   GOVERNMENT   OF   IOWA. 

persons,  the  cause  of  whose  death  is  uncertain  or  where 
suspicion  or  evidence  of  foul  play  exists. 

In  Iowa  any  justice  of  the  peace  may  act  as  Coroner. 
The  Coroner's  only  source  of  compensation  is  fees  fixed  by 
law  for  the  performance  of  his  duties.  Frequently  we  find 
undertakers  seeking  the  position  of  Coroner,  not  for  the 
fees  of  the  office,  but  for  the  opportunity  of  burying  persons 
who  come  to  their  death  by  accident  or  by  foul  play. 

The  County  Superintendent.  —  The  general  supervision 
of  the  public  schools  of  the  County  is  confided  to  the  County 
Superintendent,  and  he  is  charged  with  the  duty  of  seeing 
that  the  school  laws  are  enforced.  He  is  chosen  by  the 
Presidents  of  the  school  boards  of  several  school  cor- 
porations of  the  County.  He  conducts  examinations  to 
test  the  qualifications  of  those  desiring  to  teach.  The 
questions,  however,  for  such  examinations  are  furnished 
by  the  State  Board  of  Educational  Examiners,  and  the 
papers  are  read  and  graded  under  the  supervision  of  the 
State  Superintendent  of  Public  Instruction. 

The  County  Superintendent  has  power  to  hear  and 
decide  all  appeals  from  the  decisions  of  the  district  board 
of  directors,  but  the  aggrieved  party  may  still  appeal  to 
the  State  Superintendent.  The  County  Superintendent 
must  make  an  annual  report  to  the  State  Superintendent 
describing  the  progress  of  public  education  in  his  County 
and  send  in  such  school  statistics  as  are  required  by  law. 

The  office  of  County  Superintendent  may  be  held  by 
women  as  well  as  by  men,  provided  they  possess  the  quali- 
fications of  office,  that  is,  hold  a  first-grade  certificate,  a 


THE  COUNTY  AND  ITS  GOVERNMENT.      1 25 

State  certificate,  or  a  life  diploma.  The  County  Superin- 
tendent's term  of  office  is  three  years,  and  the  compensa- 
tion is  from  $1600  to  $2500  annually  according  to  the 
population  of  the  County.  A  few  Counties  pay  their 
Superintendents  more  than  $2500,  which  they  are  permitted 
to  do  under  special  acts. 

The  County  Surveyor.  —  This  office  of  County  Surveyor 
was  abolished  by  the  General  Assembly  of  191 1.  The 
Board  of  Supervisors  are  now  authorized  to  appoint  a 
County  Engineer  who,  under  their  direction,  has  general 
supervision  of  the  County  road  system. 

QUESTIONS   ON   THE   TEXT. 

1.  What  authority  has  the  General  Assembly  over  the  local  gov- 
ernments? 

2.  Name  the  County  officers. 

3.  Give  five  powers  of  the  Board  of  Supervisors. 

4.  Give  the  duties  of  the  County  Auditor. 

5.  How  is  the  public  safeguarded  by  having  the  Auditor  draw  the 
warrants  which  the  Treasurer  pays? 

6.  Name  two  County  offices  which  may  be  held  by  women. 

7.  What  are  the  duties  of  the  Recorder? 

8.  What  duties  has  the  Clerk  of  Court  outside  of  his  court  work? 

9.  Why  is  the  office  of  Sheriff  both  important  and  lucrative? 

10.  What  is  the  only  function  of  a  Coroner  at  present? 

11.  What  are  the  qualifications  of  a  County  Superintendent? 

ADDITIONAL  READINGS. 

Note.  —  I.  J.  H.  P.  —Iowa  Journal  of  History  and  Politics. 

History  of  the  Establishment  of  Counties  in  Iowa,  I.  J.  H.  P.,  Vol.  VI,  p.  375. 
Boundary  History  of  the  Counties  of  Iowa,  I.  J.  H.  P.,  Vol.  VII,  p.  3. 
A  Critical  Study  of  County  Boundaries  in  Iowa,  I.  J.  H.  P.,  Vol.  VII,  p.  402. 
Many  Counties  in  Place  of  Two,  Aurner's  Iowa  Stories,  Bk.  II,  p.  19. 
How  Counties  were  Managed,  Aurner's  Iowa  Stories,  Bk.  II,  p.  30. 


CHAPTER  XV. 
THE  CIVIL  TOWNSHIP  AND  ITS  GOVERNMENT. 

The  Congressional  Township.  —  When  Iowa  was  first 
legally  open  to  settlement,  the  pioneers  found  the  land  laid 
off  by  the  government  survey  into  areas  six  miles  square, 
known  as  Congressional  townships.  The  Congressional 
townships  served  but  one  purpose,  as  far  as  the  Federal 
government  was  concerned,  namely,  a  means  of  locating 
land.  The  State,  however,  has  used  the  Congressional 
townships  wherever  possible  as  the  component  parts  of  the 
organized  counties ;  and  so  the  Board  of  Supervisors,  exer- 
cising its  power  to  divide  the  County  into  townships  "  as 
convenience  may  require,"  has  found  it  convenient  in  a 
large  number  of  counties  to  adopt  the  lines  of  the  Con- 
gressional township  as  the  boundaries  of  the  civil  township. 

Organization  of  Civil  Townships.  —  The  civil  township 
is  an  area  of  local  government,  a  division  of  the  County  for 
governmental  purposes,  and  is  not  a  body  corporate  as  is 
the  county,  city,  or  town.  Being  a  local  government,  the 
convenience  of  the  people  is  taken  into  account.  Thus, 
where  a  river  runs  through  a  Congressional  township  it 
would  be  inconvenient  to  follow  the  Congressional  town- 
ship lines  and  compel  half  the  people  to  cross  the  river  to 
vote  or  to  transact  other  township  business.     Accordingly 

126 


THE   CIVIL    TOWNSHIP   AND    ITS    GOVERNMENT.     1 27 

the  Supervisors  have  been  authorized  to  organize  the  civil 
townships  within  the  County  as  convenience  may  require. 

Powers  of  the  Iowa  Township.  —  In  Iowa  the  civil  town- 
ship does  not  have  the  powers  of  the  New  England  town, 
nor  does  the  County  have  the  authority  of  the  County  in 
the  South.  Here  the  powers  of  local  government  have  been 
apportioned  between  the  township  and  the  County ;  and 
this  arrangement  is  sometimes  called  the  County-Township 
System.  In  the  division  of  power  the  township  has  suffered 
most.  The  chief  functions  of  the  civil  township  in  Iowa 
are  the  holding  of  elections,  the  repairing  of  roads,  the  list- 
ing of  property  for  taxation,  the  equalizing  of  taxes,  the 
giving  of  relief  to  the  poor,  and  the  transacting  of  other 
local  business  pertaining  to  the  township. 

The  Township  Officers.  —  The  township  officers  consist 
of  three  trustees,  a  clerk,  two  justices  of  the  peace,  two 
constables,  and  an  assessor.  All  are  elected  by  the  people 
and  serve  for  two  years.  A  township  office  is  usually  looked 
upon  as  a  burden  and  an  annoyance  by  the  farmer.  On 
account  of  the  difficulty  of  getting  men  to  qualify  and 
serve  as  township  officers  after  election,  the  General  Assem- 
bly has  imposed  a  penalty  of  $5  upon  any  one  who,  having 
been  elected  to  a  township  office,  refuses  to  qualify  and 
serve;  but  no  one  is  compelled  to  serve  as  a  township 
officer  two  terms  in  succession. 

Many  justices  of  the  peace  report  annually  that  no 
cases  have  been  tried  before  them  ;  and  many  township 
Constables  never  make  any  arrests  or  perform  any  official 
acts.     The  Assessor  is  usually  sure  of  two  or  three  months' 


128  THE  GOVERNMENT   OF   IOWA. 

work  at  $2  per  day  for  listing  all  taxable  property  in  his 
township.  When  the  Township  Assessor  has  estimated  the 
value  of  all  property  listed  by  him  for  taxation,  the  Town- 
ship Trustees  revise  and  equalize  the  assessment.  Some 
curious  facts  regarding  assessments  have  recently  been 
brought  to  light.  Cattle  were  assessed  at  $4.66  a  head  in 
Wright  County,  while  in  Des  Moines  County  they  were 
assessed  at  $10.45  a  head.  Swine  were  assessed  at  $4  a 
head  in  Webster  County,  and  at  only  fifty-four  cents  a 
head  in  Sioux  County. 

QUESTIONS   ON  THE  TEXT. 

1.  What  is  the  purpose  of  the  Congressional  township? 

2.  What  is  the  purpose  of  the  civil  township? 

3.  What  determines  the  area  of  a  civil  township? 

4.  What  are  the  chief  functions  of  the  civil  township  ? 

5.  Name  the  township  officers. 

6.  Why  is  one  subject  to  a  fine  for  refusing  to  qualify  when  elected 
to  a  township  office  ? 

7.  Is  there  something  wrong  with  township  assessment  of  property 
when  cattle  and  hogs  are  assessed  at  such  widely  different  values  in 
different  counties  ? 

ADDITIONAL  READINGS. 

The  History  of  Township  Government  in  Iowa,  by  C.  R.  Aurner. 
The  History  of  a  Piece  of  Land,  Aurner's  Iowa  Stories,  Bk.  II,  p.  41. 


CHAPTER  XVI. 
THE   GOVERNMENT   OF   CITIES   AND   TOWNS. 

The  Need  of  City  Government.  —  Township  government 
works  well  enough  in  a  scattered,  rural  community;  but 
where  a  large  number  of  people  are  congregated  together 
within  a  comparatively  small  area,  a  different  and  more 
efficient  government  is  needed.  As  the  number  of  persons 
residing  in  a  given  area  increases,  the  greater  must  be  the 
powers  of  the  government  of  such  a  locality.  Thus,  a 
township  government  needs  no  power  to  install  water, 
light,  sewerage,  and  other  public  utility  systems  which 
become  an  absolute  necessity  in  the  interests  of  public 
health  and  public  safety  in  a  more  thickly  settled  com- 
munity. 

The  Source  of  Municipal  Power.  —  All  of  the  powers, 
duties,  and  functions  of  municipalities  are  derived  from 
and  are  dependent  upon  acts  of  the  General  Assembly. 
This  is,  moreover,  the  general  system  which  prevails 
throughout  the  United  States.  Legislatures  grant  or  take 
away  such  powers  and  privileges  as  public  policy  or  mere 
caprice  may  dictate;  and  the  courts  have  generally  fol- 
lowed the  rule  that  what  has  not  been  especially  granted 
to  cities  or  towns  is  denied.     This  system  has  been  unfor- 

129 


130  THE    GOVERNMENT    OF   IOWA. 

tunate  from  the  standpoint  of  good  city  government,  for 
cities  are  constantly  appealing  to  legislative  assemblies 
for  special  powers  to  meet  local  conditions.  Where  the 
legislature,  as  in  Iowa,  is  forbidden  to  enact  special 
legislation  for  cities  or  towns,  they  have  resorted  to  the 
expedient  of  classification.  Sometimes  the  classes  are  so 
made  that  only  one  city  can  possibly  be  included  within 
the  class. 

The  European  System.  —  The  adoption  of  the  general 
European  system  of  placing  a  few  fundamental  restrictions 
upon  cities  and  towns  in  the  interests  of  the  State  and 
then  granting  all  other  powers  not  especially  denied  would 
probably  have  a  wholesome  effect  upon  our  municipal 
governments. 

Incorporation  of  Municipalities.  —  Cities  and  towns 
acquire  the  privileges  of  local  self-government  through  a 
legal  process  known  as  incorporation,  which  is  accom- 
plished as  follows :  Whenever  any  locality  or  community 
not  already  within  the  limits  of  any  city  or  town  desires 
to  become  incorporated,  it  must  present  a  petition  to  the 
District  Court,  signed  by  at  least  twenty-five  voters  resi- 
dent within  the  limits  of  the  proposed  corporation.  The 
Judge  of  the  District  Court  is  empowered  to  change  or 
limit  the  territory  proposed  to  be  incorporated ;  and  he 
appoints  five  commissioners  who  give  notice  of,  and  con- 
duct an  election  within,  the  limits  of  the  proposed  town 
to  determine  whether  a  majority  of  the  qualified  electors 
are  in  favor  of  incorporation.  If  the  majority  of  the  qual- 
ified voters  favor  incorporation,  then  the  District  Court 


THE   GOVERNMENT   OF   CITIES   AND   TOWNS.      131 

directs  the  same  commissioners  to  hold  another  election 
for  the  choice  of  a  Council,  a  Mayor,  a  Clerk,  and  a 
Treasurer. 

The  Classification  of  Municipalities.  —  The  organization 
of  a  village  or  community  as  described  above  is  known  as 
a  town  and  remains  classified  as  such  until  the  population 
increases  to  2000  inhabitants,  when  it  passes  to  the  next 
higher  group  of  municipal  governments  and  becomes  a  city 
of  the  second  class.  When  the  population  reaches  15,000, 
cities  of  the  second  class  become  cities  of  the  first  class. 

Powers  of  Municipalities.  —  Each  of  these  three  classes 
is  vested  with  power  to  enact  ordinances  to  preserve  and 
promote  the  safety,  health,  prosperity,  order,  comfort, 
convenience,  and  improve  the  morals  of  the  community 
and  its  inhabitants.  Some  of  the  things  regulated  by  cities 
and  towns  may  be  enumerated.  They  provide  for  the  pre- 
vention of  nuisances,  the  regulation  of  slaughter-houses, 
the  burial  of  the  dead,  and  filling  or  draining  of  lots.  They 
license,  regulate,  and  tax  hotels,  restaurants,  eating  houses, 
billiard  rooms,  theatres,  circuses,  shows,  auctioneers, 
pedlers,  plumbers,  itinerant  doctors,  bill  posters,  junk 
dealers,  pawnbrokers,  etc.  They  also  provide  for  the 
paving,  cleaning,  and  lighting  of  streets  and  alleys ;  for 
the  furnishing  of  water,  light,  and  sewerage,  and  for  the 
maintenance  of  libraries,  parks,  and  playgrounds.  And 
they  may  enforce  a  great  variety  of  orders  and  regulations 
to  promote  public  health  and  safety.  They  may  enforce 
their  ordinances  and  regulations  by  penalties  not  exceeding 
$100  fine  and  thirty  days  in  jail. 


132  THE   GOVERNMENT    OF   IOWA. 

Composition  of  the  Council.  —  The  legislative  depart- 
ment of  a  city  or  town  is  known  as  the  Council.  In  towns 
it  consists  of  five  members  elected  at  large;  and  in  cities 
of  both  first  and  second  class  it  consists  of  one  member 
from  each  ward,  and  two  members  elected  at  large.  The 
members  of  the  Council,  as  well  as  other  municipal  officers 
elected  by  the  people,  are  now  chosen  biennially  for  a 
term  of  two  years.  The  election  for  such  officers  is  not  held 
in  November  at  the  general  State  election,  but  is  held  on 
the  last  Monday  in  March.  This  insures  the  considera- 
tion of  local  affairs  and  local  issues  apart  from  State  and 
national  politics. 

Compensation  of  Councilmen.  —  In  cities  of  the  first 
class  the  compensation  of  councilmen  may  not  exceed 
$250  per  year,  while  in  cities  of  the  second  class  and  in 
towns  it  may  not  exceed  $50. 

The  Mayor.  —  The  chief  executive  officer  of  the  city  or 
town  is  the  Mayor.  It  is  his  duty  to  see  that  all  regula- 
tions and  ordinances  are  enforced.  He  is  charged  with  the 
supervision  of  all  officers  of  the  corporation,  and  it  is  his 
duty  to  examine  into  complaints  made  against  them  and 
to  cause  all  violation  or  neglect  of  duty  to  be  corrected. 
He  is  the  presiding  officer  of  the  Council,  with  the  right  to 
vote  only  in  case  of  a  tie.  He  reports  to  the  Council  the 
condition  of  the  city,  and  makes  such  recommendations  as 
he  deems  advisable. 

The  Mayor  is  a  conservator  of  the  peace,  and  has  all  of 
the  powers  of  a  Sheriff  in  the  suppression  of  disorders.  He 
may  arrest  persons  committing  offences  in  his  presence, 


THE    GOVERNMENT    OF    CITIES    AND    TOWNS.       133 

and  may  issue  warrants  for  the  arrest  of  offenders.  Un- 
less a  police,  superior,  or  municipal  court  has  been  estab- 
lished within  the  city,  the  Mayor  holds  police  court,  in 
which  he  not  only  tries  offenders  against  the  city  ordi- 
nances, but  has  the  same  jurisdiction  as  a  justice  of  the 
peace. 

Appointing  Power  of  the  Mayor.  —  The  Mayor  is  di- 
rected by  law  to  appoint  a  Health  Physician,  a  Street  Com- 
missioner, a  Marshal,  one  or  more  Deputy  Marshals  if 
necessary,  and  such  number  of  policemen  as  the  Council 
by  ordinance  shall  direct.  Cities  and  towns  may  also  pro- 
vide for  the  appointment  by  the  Mayor  of  such  additional 
officers  as  may  be  necessary,  such  as  Superintendent  of 
Markets,  Harbor  Master,  and  Port  Wardens  and  the  like. 

The  Mayor's  Veto.  —  The  Mayor  is  given  a  veto  on  the 
acts  of  the  Council;  but  the  Council  may  pass  acts  over 
his  veto  by  a  two-thirds  vote. 

Compensation  of  Mayor.  —  The  compensation  of  Mayors 
of  cities  or  towns  may  be  a  sum  fixed  by  the  Council,  or  it 
may  consist  of  fees  derived  from  the  police  court,  or  it 
may  consist  of  both. 

Other  Municipal  Officers.  —  The  officers  elected  by  the 
people  in  towns  and  cities  of  the  second  class  are  the  Coun- 
cilmen,  the  Mayor,  the  Treasurer,  and  the  Assessor.  In 
cities  of  the  first  class  the  elected  officers  are  a  Mayor, 
Solicitor,  Treasurer,  Auditor,  City  Engineer,  Assessor,  and 


134  THE    GOVERNMENT    OF   IOWA. 

a  Police  Judge,  if  a  Superior  or  Municipal  Court  has  not 
been  established.  The  Council  in  all  cities  and  towns  ap- 
points the  City  Clerk ;  in  cities  of  the  second  class  they  also 
appoint  the  City  Attorney  and  the  City  Engineer. 

Other  offices  may  be  established  at  the  option  of  cities 
or  towns  if  permitted  by  law.  Thus  any  city  or  town  may 
provide  for  the  creation  of  Park  Commissioners;  cities  of 
4000  may  establish  a  Superior  Court;  and  cities  of  2000 
may  establish  a  commission  form  of  government  which 
provides  for  an  entirely  different  set  of  officers. 

The  Three  Classes  of  Municipalities.  —  It  should  be 
kept  in  mind  that  the  chief  differences  between  the  three 
classes  of  municipalities  —  the  cities  of  the  first  and  sec- 
ond class  and  towns  —  is  the  extent  to  which  taxes  may 
be  levied  to  carry  out  the  special  functions  of  local  gov- 
ernment. 

The  Failure  of  Municipal  Government.  —  Municipal 
government  in  the  United  States  has  long  been  the  object 
of  severe  criticism.  Corruption,  inefficiency,  and  extrava- 
gance seem  to  have  flourished  in  city  government  as  in  no 
other  place.  The  government  of  our  cities  —  especially 
our  large  cities  —  is  often  at  best  unsatisfactory. 

We  have  already  noted  the  complete  control  of  the 
Legislature  over  cities  —  a  control  which  is  too  frequently 
exercised  for  purely  partisan  reasons.  To  remedy,  this 
unfortunate  state  of  affairs  and  to  center  responsibility  in 
municipal  matters  numerous  plans  of  city  government  have 
been  devised  and  proposed.     Some  have  advocated  the 


THE    GOVERNMENT    OF    CITIES   AND    TOWNS.       135 

appointment  of  Mayors  and  other  administrative. officers 
by  the  Governor.  Others  have  argued  for  a  system  of  home 
rule,  wherein  the  city  is  permitted  to  frame  its  own  charter. 

The  Des  Moines  or  Commission  Plan  of  City  Govern- 
ment. —  One  of  the  newer  types  of  municipal  government 
is  the  so-called  "commission  plan"  of  city  government. 
This  is  a  scheme  of  city  government  which  attracted  con- 
siderable attention  because  of  what  it  accomplished  for 
Galveston,  Texas.  The  plan  was  carefully  studied  and 
heartily  indorsed  by  certain  citizens  of  Des  Moines,  Iowa, 
who  believed  that  the  welfare  of  Des  Moines  would  be 
materially  promoted  by  the  adoption  of  a  similar  plan  of 
government.  They  persuaded  the  Thirty-second  General 
Assembly  to  pass  an  act  authorizing  cities  of  25,000  or 
over  to  organize  under  the  commission  plan  of  govern- 
ment; since  then  the  benefits  of  the  act  have  been  extended 
to  any  city  of  over  2000  population.  There  are  at  present 
(1920)  nine  cities  organized  under  the  commission  plan, 
namely:  Burlington,  Cedar  Rapids,  Des  Moines,  Fort 
Dodge,  Keokuk,  Marshalltown,  Mason  City,  Ottumwa, 
and  Sioux  City. 

Outline  of  the  Plan.  —  In  brief  the  plan  is  as  follows:  a 
non-partisan  primary  election  is  held  for  the  selection  of 
candidates  for  the  positions  of  Mayor  and  Councilmen  or 
Commissioners.  Any  qualified  voter  may  become  a  can- 
didate, all  names  appearing  on  the  same  ballot  without 
any  designation  of  party  affiliation.  Of  all  the  candidates 
for  Mayor,  the  voter  is  entitled  to  vote  for  one  only;  and 


136  THE    GOVERNMENT    OF    IOWA. 

from  among  the  candidates  for  Councilmen  the  voter  may 
in  cities  of  25,000  or  over  select  four,  in  cities  of  2000  and 
under  25,000  two.  When  all  votes  are  counted,  the  two 
candidates  for  the  position  of  Mayor  who  have  received  the 
highest  number  of  votes  become  the  candidates  for  that 
office  at  the  ensuing  city  election.  In  cities  of  over  25,000 
the  eight  candidates  for  the  Council  receiving  the  highest 
number  of  votes,  become  the  candidates  for  the  Council. 
At  the  general  municipal  election  the  people  choose  one  of 
the  two  candidates  for  Mayor,  and  four  of  the  eight  or 
two  of  the  four,  as  the  case  may  be,  candidates  for  the 
Council. 

Powers  of  the  Commission.  — ■  These  five  officers  (or 
three  in  the  smaller  cities)  constitute  the  Commission  and 
are  vested  with  all  the  legislative,  executive,  and  judicial 
powers  formerly  vested  in  other  agencies  of  the  city  gov- 
ernment. The  Mayor  is  designated  as  Superintendent  of 
Public  Affairs;  and  the  positions  of  Superintendent  of 
Accounts  and  Finance,  Superintendent  of  Public  Safety, 
Superintendent  of  Streets  and  Public  Improvements,  and 
Superintendent  of  Parks  and  Public  Property  are  distrib- 
uted among  the  four  members  of  the  Council.  In  cities 
under  25,000  each  member  of  the  Council  superintends 
two  departments. 

Responsibility  and  Recall.  —  The  Commission  elects  all 
of  the  city  officers,  who  thus  become  directly  responsible  to 
the  Commission.  Each  Commissioner  takes  charge  of  his 
department  and  is  held  personally  responsible  for  the  con- 


THE    GOVERNMENT   OF    CITIES   AND    TOWNS.       137 

duct  thereof.  Should  any  Commissioner  be  corrupt  or 
negligent  in  the  performance  of  his  duties,  he  may  be  re- 
moved from  office  at  any  time  by  a  process  known  as  the 
Recall,  which  is  accomplished  as  follows:  when  twenty- 
five  per  cent  of  the  municipal  voters  properly  sign  a  peti- 
tion demanding  the  election  of  a  successor  to  the  person 
sought  to  be  removed  and  file  it  with  the  city  clerk,  an 
election  is  ordered  in  which  the  person  sought  to  be  re- 
moved may  be  a  candidate  to  succeed  himself.  The  one 
receiving  the  highest  number  of  votes  at  such  election  is 
declared  elected. 

Popular  Legislation.  —  As  a  further  safeguard  to  public 
interest  the  initiative  and  referendum  were  added  to  the 
Des  Moines  Plan  of  city  government.  By  the  initiative 
and  the  referendum  the  people  become  the  active  source 
of  power  in  the  city,  and  the  Council  or  Commission  can 
neither  force  undesirable  legislation  upon  them,  nor  refuse 
to  enact  that  which  the  people  want. 

Compensation  and  Term  of  Office.  —  The  compensation 
of  the  Commissioners  is  thought  to  be  sufficient  to  attract 
good  men.  The  pay  of  both  the  Mayor  and  Council  is 
based  upon  population  and  may  go  as  high  as  $3500  for 
Mayor  and  $3000  for  Councilmen.  The  Mayor,  Council- 
men,  and  other  officers  under  the  Des  Moines  Plan,  except 
those  under  the  civil  service,  hold  office  for  two  years. 

Advantages  of  the  Plan.  —  The  chief  advantages  of  the 
Des  Moines  Plan  may  be  said  to  be  (1)  the  adoption  of 


138  THE    GOVERNMENT    OF   IOWA. 

the  short  ballot  which  concentrates  the  minds  of  the  voters 
on  a  few  men  whose  fitness  for  office  is  the  only  con- 
sideration; (2)  a  few  persons  spending  all  of  their  time  in 
the  interests  of  the  city's  business  will  accomplish  better 
results  than  a  large  number  of  persons  each  spending  but 
a  small  portion  of  his  time  in  the  city's  interest;  and  (3)  by 
concentrating  power  and  responsibility  in  the  hands  of  a 
few  who  are  held  strictly  accountable  for  the  conduct  of 
the  city's  affairs  the  ends  of  good  government  are  beUer 
and  more  easily  attained  than  by  dividing  and  scattering 
responsibility  among  a  large  number  responsible  to  no  one. 

The  City  Manager  Plan.  —  This  is  the  most  recent  and 
apparently  the  most  popular  municipal  reform.  In  191 5 
the  General  Assembly  of  Iowa  permitted  the  cities  of  Iowa 
to  adopt  this  plan.  In  fact,  two  different  City  Manager 
Acts  were  passed.  The  first  provides  that  cities  and  towns, 
except  those  under  commission  form  of  government  and 
those  of  over  25,000  inhabitants,  may  by  ordinance  create 
the  office  of  City  Manager  and  fix  his  duties,  powers,  and 
compensation.  The  Manager  is  appointed  by  a  majority 
vote  of  the  Council  and  holds  his  office  at  their  pleasure. 
When  appointed  the  Manager  performs  the  duties  formerly 
incumbent  upon  the  Street  Commissioner,  Manager  of 
Public  Utilities,  Cemetery  Sexton,  City  Clerk,  and  Superin- 
tendent of  Markets.  He  also  superintends  and  inspects 
all  improvements  and  work  upon  the  streets,  alleys, 
sewers,  and  public  grounds  of  the  city  or  town,  and  per- 
forms such  other  duties  as  the  Council  may  impose  upon 
him.     This  type  of  City  Manager  Plan  is  supposed  to  be 


THE    GOVERNMENT    OF    CITIES    AND    TOWNS.       139 

especially  adapted  to  the  smaller  communities.  Six  or 
eight  cities  and  towns  have  adopted  this  plan. 

The  other  type  of  City  Manager  Plan  is  patterned  more 
closely  after  the  Dayton  (Ohio)  Plan.  In  this  case  it  re- 
quires a  vote  of  the  people  to  adopt  the  plan.  If  adopted 
in  cities  of  25,000  or  more  inhabitants,  five  Councilmen 
are  elected,  and  in  cities  and  towns  of  less  than  25,000  in- 
habitants three  Councilmen  are  elected;  the  terms  of  office 
are  so  arranged  that  all  Councilmen  will  not  go  out  of  office 
at  the  same  time.  The  Council  when  organized  selects  one 
of  its  own  members  as  chairman,  who  is  designated  as 
Mayor,  and  is  recognized  as  the  official  head  of  the  city  or 
town,  although  he  is  limited  in  his  activities.  The  mem- 
bers of  the  Council,  who  serve  without  compensation,  are 
required  to  meet  at  least  once  a  month,  and  their  meet- 
ings are  open  to  the  public.  This  Council  appoints  a  City 
Manager  who  must  be  a  competent  person  and  "who  shall 
be  the  administrative  head  of  the  municipal  government 
of  the  city  or  town  in  which  he  is  appointed." 

The  Manager  is  appointed  without  reference  to  his 
politics  or  residence.  He  appoints  and  controls  all  of  the 
other  city  employees,  subject  to  civil-service  law.  This 
plan  overcomes  the  chief  defects  which  have  shown  them- 
selves in  the  workings  of  the  Commission  plan. 

Webster  City  and  Dubuque  are  the  only  two  cities 
that  have  adopted  this  plan  so  far. 

QUESTIONS   ON  THE  TEXT. 

1.  Why  is  the  township  government  unsuited  to  a  thickly  populated 
community  ? 


I/J.O  THE    GOVERNMENT    OF   IOWA. 

2.  From  what  course  do  cities  and  towns  derive  their  power  to  make 
and  enforce  ordinances? 

3.  How  is  a  town  incorporated? 

4.  How  are  cities  and  towns  classified? 

5.  Name  five  things  which  may  be  regulated  by  cities  or  towns. 

6.  How  many  members  are  there  in  the  Council  of  cities  and  towns? 
How  are  they  elected?     Give  term  of  office  and  compensation. 

7.  Compare  the  position  of  the  Mayor  of  a  city  with  that  of  the 
Governor  of  the  State. 

8.  In  what  respect  does  the  Mayor  exercise  judicial  power? 

9.  Name  other  city  officers  elected  by  the  people. 

10.  Describe  the  organization  of  a  city  government  under  the  Com- 
mission plan. 

11.  What  are  the  advantages  of  the  Commission  plan  of  city  govern- 
ment? 

12.  Wherein  is  the  city  Manager  plan  superior  to  the  Commission 
plan  of  city  government  ? 

ADDITIONAL  READINGS. 

Note.  —  I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Home  Rule  in  Iowa,  Iowa  Applied  History  Series,  Vol.  II,  p.  89. 
Special  Municipal  Charters  in  Iowa,  1836-1858,  I.  J.  H.  P.,  Vol.  XVIII, 
p.  163. 

Conwiission  Government  in  Iowa,  by  B.  F.  Shambaugh. 


CHAPTER  XVII. 

AMENDMENTS   TO   THE   CONSTITUTION. 

The  Power  to  change  Laws.  —  In  the  preceding  pages 
the  framework  of  the  government  of  Iowa  has  been  outlined. 
In  the  conclusion  of  this  subject  it  is  proper  to  ask  how 
may  changes  be  accomplished  in  this  organization  of  the 
State  where  the  General  Assembly  is  not  authorized  to 
act?  We  have  already  noted  that  the  General  Assembly 
has  complete  power,  almost  without  limitations,  over  the 
government  of  towns,  cities,  townships,  and  counties. 

The  Power  to  change  the  Constitution.  —  The  organi- 
zation of  the  State  government  has  remained  much  the 
same  since  the  Constitution  of  Iowa  was  adopted  in  1857. 
No  constitution,  however  perfect  at  the  time  of  its  adop- 
tion, however,  can  provide  for  all  that  the  safety  and 
welfare  of  the  State  may  require  in  the  future.  No  legis- 
lative body  can  pass  an  unalterable  law ;  nor  can  a  con- 
stitutional convention  direct  that  a  certain  provision  of  the 
fundamental  law  shall  never  be  changed.  Even  if  the 
people  approve  of  such  a  provision,  the  same  power  —  the 
people  —  may  alter  or  abolish  it.  Some  of  the  first  State 
constitutions  contained  no  amending  clause.  And  it  was 
believed  on  the  one  hand  that  such  constitutions  could 
not  be  amended,  while  on  the  other  it  was  declared  that 

141 


142  THE   GOVERNMENT   OF   IOWA. 

the  assertion  in  the  Bill  of  Rights  and  in  the  Declaration 
of  Independence  that  the  people  have  a  right  to  alter  or 
abolish  the  form  of  government  in  the  interest  of  public 
safety  and  happiness  justified  amendment.  But  unless 
the  changes  are  accomplished  in  an  orderly  and  legal  way, 
there  result  revolution  and  anarchy. 

Methods  of  Amending  Constitutions.  —  In  general  two 
methods  have  been  followed  in  the  United  States  in  amend- 
ing constitutions :  (i)  by  the  agency  of  a  constituent 
assembly  or  constitutional  convention,  or  (2)  by  the  agency 
of  the  legislature.  In  both  cases  the  amendments  have  as 
a  rule  been  submitted  to  a  direct  vote  of  the  people  for 
ratification.  Amendment  by  convention  is  an  expensive 
and  difficult  process,  and  is  seldom  employed  except  where 
a  general  revision  of  the  Constitution  is  found  necessary. 

Amending  Clause  in  Constitution  of  1846.  —  The  Con- 
stitution of  1846  contained  but  a  brief  section  providing 
for  future  amendments  by  a  convention.  The  Whigs  who 
had  opposed  the  adoption  of  the  Constitution  of  1846 
claimed  that  the  Democrats  had  placed  certain  partisan 
dogmas  in  the  Constitution  and  then  had  purposely  made 
the  process  of  amendment  difficult  in  order  that  they 
could  not  be  repealed. 

Methods  of  Amending  the  Present  Constitution.  —  When 
the  Constitution  of  1857  was  drafted,  most  liberal  provision 
was  made  to  facilitate  future  changes  in  it.  Three  distinct 
methods  of  amending  the  Constitution  are  provided  for; 
namely,  amendments  proposed  by  the  legislature ;   a  con- 


AMENDMENTS   TO   THE   CONSTITUTION.  1 43 

vention  called  by  a  vote  of  the  people  every  ten  years  to 
revise  and  amend  the  Constitution;  and  a  convention 
called  by  vote  of  the  people  at  the  suggestion  of  the  General 
Assembly  to  propose  amendments.  In  each  case  the  pro- 
posed amendment  or  amendments  must  be  submitted  to 
and  ratified  by  the  people  at  an  election  before  they  become 
a  part  of  our  fundamental  law. 

The  Legislative  Method.  —  According  to  the  legislative 
method  amendments  may  be  proposed  in  either  branch  of 
the  General  Assembly,  and  if  agreed  to  by  a  majority  of 
each,  the  proposed  amendment  is  entered  on  the  journals 
and  must  be  published  for  three  months  previous  to  the 
next  election  of  the  members  of  the  General  Assembly.  If 
the  next  General  Assembly  likewise  passes  the  same  pro- 
posed amendment  without  alteration  by  a  majority  of  the 
members  in  each  house,  then  the  proposed  amendment  is 
submitted  to  the  people,  and  if  approved  by  a  majority  of 
those  voting  on  the  amendment,  it  thereby  becomes  a 
part  of  the  Constitution.  This  process  is  slow;  but  it 
makes  changes  in  the  Constitution  possible  and  at  the 
same  time  safeguards  the  State  against  hasty  or  ill-con- 
sidered measures. 

Convention  by  Vote  of  the  People.  —  To  make  the 
people  independent  of  the  General  Assembly  in  the  matter 
of  constitutional  amendments  the  Constitution  of  1857 
provides  that  every  tenth  year  after  1870  the  question, 
"  Shall  there  be  a  Convention  to  revise  the  Constitution, 
and  amend  the  same?  "  shall  be  submitted  to  the  qualified 
voters  at  the  general  election.     Thus  far  the  people  have 


144  THE    GOVERNMENT    OF    IOWA. 

never  indorsed  the  proposition  for  a  convention,  though 
the  vote  was  very  close  in  1900.  As  a  rule  comparatively 
few  of  the  voters  have  voted  on  the  question. 

Convention  by  Vote  of  the  Legislature.  —  The  General 
Assembly  is  also  empowered  to  submit  the  question  of  a 
convention  to  the  people  whenever  they  deem  it  advisable. 

Popular  Government.  —  Thus  we  see  that  the  govern- 
ment of  Iowa  is  a  government  by  the  people;  and  though 
the  people  may  be  negligent  or  misled  for  a  while,  when 
once  aroused  they  have  the  power  to  compel  obedience  to 
their  will.  Constitutions  are  not  written  simply  to  be 
studied  by  pupils  and  students,  but  to  express  the  will  of 
the  people  and  make  possible  at  all  times  the  expression  of 
that  will.  The  legislative  department  naturally  voices  the 
public  will  and  enacts  in  response  to  popular  demands  a 
great  variety  of  laws  which  may,. however,  be  swept  away 
at  any  future  time. 

The  concluding  chapters  will  be  devoted  to  a  considera- 
tion of  some  of  the  more  important  activities  of  govern- 
ment as  provided  for  by  State  legislation. 

QUESTIONS  ON  THE  TEXT. 

1.  What  power  may  alter  or  amend  the  Constitution  of  Iowa? 

2.  What  is  the  process  of  amending  the  Constitution  through  the 
agency  of  the  General  Assembly? 

3.  Of  what  advantage  is  it  to  submit  the  question  of  amendment  to 
the  people  every  ten  years? 

ADDITIONAL  READINGS. 

Note. — I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Proposed  Constitutional  Amendments  in  Iowa,  1836-1857,  I.  J.  H.  P., 
Vol.  VII,  p.  266. 

Proposed  Constitutional  Amendments  in  Iowa,  1857-1909,  I.  J.  H.  P., 
Vol.  VIII,  p.  171. 


CHAPTER  XVIII. 

TAXATION. 

The  Justification  for  Taxation.  —  In  Chapter  XII  refer- 
ence was  made  to  the  functions  of  government,  that  is, 
the  activities  of  the  State  undertaken  either  for  the  main- 
tenance of  its  own  existence  or  for  the  promotion  of  the 
general  welfare  of  society.  In  order  to  carry  out  these 
functions,  it  is  necessary  that  the  State  should  have  suffi- 
cient revenue  to  compensate  those  who  serve  the  State 
and  to  meet  other  expenses  incident  to  the  administration 
of  the  government.  This  public  revenue  is  derived  largely 
from  taxation.  Taxation  has  been  said  to  be  the  price 
we  pay  for  civilization.  The  State  gives  to  the  citizen 
both  liberty  and  protection ;  and  in  return  the  citizen  should 
contribute  to  the  support  of  the  government  in  proportion 
to  his  ability  —  and  his  ability  has  generally  been  measured 
by  the  value  of  his  property. 

Taxation  a  Difficult  Problem.  —  To  estimate  the  amount 
of  revenue  necessary  to  meet  the  needs  of  government,  to 
provide  for  a  fair  assessment  and  equalization  of  property, 
and  to  arrange  for  the  final  collection  of  the  taxes  is  no 
small  task,  since  the  kinds  of  property  from  which  taxes 
must  be  raised  are  so  numerous  that  some  find  it  easy  to 

145 


I46  THE   GOVERNMENT   OF    IOWA. 

escape  their  just  share  of  taxation  while  others  are  unjustly 

assessed. 

Kinds  of  Taxes.  —  In  Iowa  the  chief  source  of  revenue 
has  been  a  tax  imposed  at  a  certain  rate  per  cent  upon  all 
property,  real  and  personal,  the  evaluation  and  assessment 
of  which  is  made  by  township  assessors.  This  is  the  so- 
called  general  property  tax.  Besides  the  general  property 
tax  there  are  special  taxes,  including  a  variety  of  different 
taxes  such  as  poll  tax,  road  tax,  corporation  taxes,  inherit- 
ance taxes,  etc. 

The  Process  of  Taxation.  —  The  process  of  taxation  in- 
cludes (1)  the  levy  of  the  tax,  (2)  the  assessment  of  property, 
(3)  the  equalization  of  assessment,  and  (4)  the  collection  of 
the  revenue.  The  first  step  in  the  process  is  making  the 
levy,  that  is,  determining  the  amount  to  be  raised.  The 
State  Legislature  determines  the  amount  to  be  raised  for 
State  purposes ;  the  Board  of  Supervisors  the  amount  for 
the  county ;  the  Trustees  the  amount  for  the  township ; 
and  the  city  or  town  Council  the  amount  for  the  city  or 
town. 

The  Assessment  of  Property.  —  By  assessment  is  meant 
the  placing  of  a  valuation  upon  property  listed  for  taxa- 
tion. In  Iowa  the  law  requires  that  property  should  be 
listed  at  the  full  cash  value  and  assessed  at  one-fourth  of 
said  value.  In  reality  property  is  listed  at  not  more  than 
half  its  cash  value  in  many  cases  (and  frequently  less), 
the  result  being  that  many  people  actually  pay  taxes  on 
about  one-tenth  the  cash  value  of  their  property.     Much 


TAXATION.  147 

of  the  dissatisfaction  with  the  general  property  tax  is  the 
process  of  assessment,  due  to  a  large  extent  to  the  short- 
comings of  local  assessors. 

The  Undervaluation  of  Property.  —  The  work  of  the 
assessor  is  often  trying.  He  finds  that  the  taxpayers 
desire  a  low  assessment,  and  he  frequently  yields  to  their 
demands  to  undervalue  property  in  order  not  to  become 
unpopular  in  his  community.  As  a  result  many  inequali- 
ties arise.  In  his  work  on  the  History  of  Taxation  in 
Iowa,  Professor  John  E.  Brindley  has  shown  how  great 
some  of  the  inequalities  in  assessments  really  are.  Thus, 
in  1893  the  average  value  of  cattle  in  Adair  County  was 
$6.96  per  head;  in  Calhoun  County,  $5.11;  in  Clark 
County,  $9.05  ;  in  Des  Moines  County,  $10.45  J  and  in 
Wright  County,  $4.66.  "  It  would  be  instructive,  for 
example,"  says  Professor  Brindley,  "  to  know  what  breed 
of  swine  was  raised  at  that  time  in  Sioux  County,  where 
the  assessed  value  was  only  fifty-four  cents,  as  compared 
with  Webster  County,  where  the  assessed  value  was  $4.00." 

The  Concealing  of  Moneys  and  Credits.  —  Lands  and 
many  other  forms  of  property  cannot  be  concealed ;  but 
an  enormous  amount  of  wealth  is  represented  by  stocks, 
bonds,  mortgages,  and  other  securities  which  cannot  easily 
be  discovered  if  the  owners  omit  or  refuse  to  list  them. 
Frequently  the  assessor  does  not  try  to  discover  this  kind 
of  property  —  sometimes  because  he  feels  that  to  assess  it 
would  work  a  real  hardship  upon  the  individual,  and  some- 
times, unfortunately,  because  he  expects  to  profit  personally 
by  not  listing  it. 


148  THE    GOVERNMENT    OF    IOWA. 

Exemptions.  —  Not  all  kinds  of  property  are  taxed. 
Federal,  State,  and  local  government  property  is  not  taxed. 
The  property  of  religious,  scientific,  literary,  and  benevolent 
associations  in  actual  use  is  also  usually  exempt.  A  me- 
chanic's tools,  a  teamster's  team  and  wagon,  and  farm 
stock  under  a  certain  age  are  exempt.  Honorably  dis- 
charged soldiers  and  sailors  are  allowed  certain  exemptions 
from  taxation  on  property  held  by  them.  The  Legislature 
is  constantly  expanding  or  contracting  the  list  of  exemp- 
tions. 

The  Equalization  of  Assessments.  —  In  order  to  correct 
inequalities  of  assessment  as  between  persons  and  places, 
a  scheme  of  equalizing  valuations  has  been  provided  by 
law.  The  Township  Trustees  constitute  a  local  Board  of 
Review  for  the  township;  the  city  or  town  Council  con- 
stitutes such  a  board  for  the  city  or  town;  the  Board  of 
Supervisors  constitutes  a  board  of  review  for  the  County; 
and  the  Executive  Council  constitutes  a  board  of  review 
for  the  State.  It  is  the  duty  of  boards  of  review  to  com- 
pare and  equalize  assessments,  but  in  reality  these  func- 
tions are  almost  always  performed  in  a  perfunctory 
manner,  the  boards  themselves  being  mere  statutory 
makeshifts. 

The  Rate  of  Taxation.  —  Taxes  having  been  levied, 
assessed,  and  equalized,  the  next  step  in  the  process  is  to 
compute  the  tax  that  each  individual  or  corporation  is 
required  to  pay.  The  State  Auditor  notifies  the  County 
Auditor  of  the  amount  of  the  State  levy,  and  he  knows  the 


TAXATION.  I49 

rates  for  certain  general  taxes  as  provided  by  law.  The 
rate  of  taxation  is  ascertained  by  dividing  the  total  amount 
of  taxes  (State,  county,  and  local)  to  be  raised  in  a  given 
taxation  district  by  the  total  valuation  of  property  in  the 
district  as  shown  on  the  assessment  list,  and  the  amount 
due  on  all  property  is  then  computed. 

The  Collection  of  Taxes.  —  When  the  tax  list  is  complete, 
it  is  delivered  to  the  County  Treasurer,  who  is  the  collector 
of  all  taxes  on  the  tax  lists.  One-half  the  taxes  due  must 
be  paid  between  the  first  Monday  in  January  and  the  first 
day  of  March  following,  and  the  other  half  before  the  first 
day  of  September  following.  When  taxes  are  not  paid  as 
required,  they  are  said  to  be  "  delinquent,"  and  a  penalty 
of  one  per  cent  per  month  is  added  till  payment  is  made. 
If  the  tax  is  not  paid  before  the  first  Monday  in  Decem- 
ber, the  property  will  be  sold  at  public  auction  to  pay  the 
tax.  Property  so  sold  may  be  redeemed  in  accordance 
with  law. 

Tax  Reform.  —  Our  system  of  taxation  is  very  unsatis- 
factory because  it  is  an  antiquated  system.  It  was  hoped 
that  the  Tax  Commission  appointed  by  the  Governor  in 
191 1  would  recommend  a  more  equitable  system.  The 
Commission  did  recommend  noteworthy  changes  but  the 
General  Assembly  refused  to  act  upon  them. 

In  the  early  days  most  of  the  people  of  Iowa  possessed 
about  the  same  kind  of  property,  and  it  was  easy  to  find 
a  basis  of  taxation  which  fell  about  equally  on  all  the  mem- 
bers of  the  community.     But  as  our  society  has  become 


150  THE    GOVERNMENT   OF   IOWA. 

more  complex,  due  to  the  large  increase  in  population  and 
the  tendency  of  people  to  crowd  into  the  cities,  new  forms 
of  wealth  and  new  business  methods  have  sprung  up, 
which  make  the  amount  of  personal  and  real  property- 
owned  a  very  inadequate  test  of  ability  to  pay  taxes.  To- 
day men  with  large  incomes  may  own  no  taxable  property. 
A  street  car  company's  right  to  use  the  streets  is  of  much 
more  value  than  their  cars,  barns,  and  rails.  All  public 
service  corporations  do  a  large  volume  of  business  which 
is  entirely  out  of  proportion  to  the  value  of  their  physical 
property. 

From  the  experience  of  other  States  that  have  remodelled 
their  tax  laws,  it  appears  that  the  reforms  most  needed 
are  the  proper  supervision  of  general  property  assessments 
and  the  expert  valuation  or  assessment  of  public  service 
corporations  by  a  permanent  non-partisan  tax  commission. 

QUESTIONS   ON  THE  TEXT. 

1.  Is  it  unjust  to  compel  one  to  contribute  toward  the  support  of 
government? 

2.  Why  is  it  difficult  to  levy  a  tax  that  will  fall  equally  upon  all  citizens? 

3.  Name  some  of  the  special  taxes  which  the  citizen  must  pay. 

4.  Describe  the  process  of  taxation. 

5.  Can  a  man  who  undervalues  his  property  for  purposes  of  taxation 
claim  to  be  honest? 

6.  Is  the  possession  of  real  estate  a  good  test  of  one's  ability  to  pay 
taxes? 

7.  What  is  the  purpose  of  exempting  from  taxation  the  property  of 
churches  and  benevolent  societies? 

8.  What  kinds  of  property  ought  to  pay  more  taxes  than  they  now  do? 

ADDITIONAL  READINGS. 

Tax  Administration  in  Iowa,  Iowa  Applied  History  Series,  Vol.  I,  p.  495- 
History  of  Taxation  in  Iowa,  2  vols.,  by  John  E.  Brindley. 


CHAPTER  XIX. 

EDUCATION  AND   THE   SCHOOL   SYSTEM. 

Origin  of  the  School  System.  —  Our  school  system  takes 
its  origin  in  the  Ordinance  of  the  Northwest  Territory  of 
1787,  which  declared  that  "  Religion,  morality  and  knowl- 
edge being  necessary  to  good  government  and  the  happi- 
ness of  mankind,  schools  and  the  means  of  education  shall 
forever  be  encouraged."  This  recognition  by  law  that  the 
education  of  the  youth  was  one  of  the  functions  of  govern- 
ment had  a  profound  influence  upon  the  development  of 
schools  in  all  of  the  western  States. 

The  provisions  of  the  Ordinance  of  1787  were  extended 
to  Iowa  when  the  Iowa  country  came  under  the  jurisdic- 
tion first  of  the  Territory  of  Michigan  and  then  of  the 
Territory  of  Wisconsin.  When  Iowa  became  a  separate 
Territory  in  1S38,  one  of  the  first  acts  of  the  Legislative 
Assembly  was  to  provide  for  a  system  of  public  education. 
But  the  meagre  resources  of  the  people  made  it  im- 
practicable to  establish  public  schools  for  nearly  ten  years 
after  Iowa  was  admitted  into  the  Union.  In  the  mean- 
time, however,  schools  were  maintained  and  supported  by 
private  enterprise. 

Private  Schools.  —  The  first  school  teacher  in  Iowa  was 
Berryman  Jennings,  who  taught  a  school  in  what  is  now 

151 


152  THE    GOVERNMENT    OF    IOWA. 

Lee  County  in  1830.  Another  early  teacher  was  Jesse 
Berry,  who  conducted  a  school  at  Iowa  City  in  Johnson 
County  within  one  block  of  the  present  site  of  the  highest 
educational  institution  in  Iowa,  the  State  University.  In 
those  pioneer  days  Jesse  Berry  conducted  his  little  school 
during  the  winter  months  and  worked  at  almost  anything 
that  would  give  him  employment  during  the  summer. 
His  account  book,  which  has  been  preserved,  shows  how 
he  received  his  pay  for  tuition.  The  following  are  interest- 
ing examples  of  pioneer  accounting :  — 

George  T.  Andrews  Dr. 

To  tuition  up  to  Aug.  20,  1840     ...  5.23 

Cr. 
By  one  §  days  brick  laying  ©2.50.  .  1.25 
By  one  days  Webber     .       2.50 

By  one  \  day  per  self 63 

By  12  lights  sash  (from  Pool)        .     .     .      1.50       5.68 

F.  E.  Jones  Dr. 

To  tuition  up  to  the  time  he  ran  away     .     .     .     $9.00 

Cr.  by  washing  up  to  the  same  time     ...       2.00 

School  Lands.  —  The  Congress  of  the  United  States  has 
given  great  encouragement  to  education  by  liberal  dona- 
tions of  public  land  in  all  of  the  States  and  Territories.  In 
his  monograph  on  Federal  and  State  Aid  to  Education  in 
Iowa,  Dr.  H.  S.  Buffum  points  out  that  "  the  several 
Federal  land  grants  made  to  Iowa  for  education,  or  made 
with  other  ends  in  view  and  afterward  diverted  to  edu- 
cational purposes,"  include  (1)  the  Sixteenth  Section  Grant ; 


EDUCATION   AND   THE    SCHOOL   SYSTEM.  153 

(2)  the  Five  Hundred  Thousand  Acre  Grant ;  (3)  the  Uni- 
versity Grant ;  (4)  the  Agricultural  College  Grant ;  (5)  the 
Saline  Land  Grant ;  (6)  the  Five  Section  Grant ;  and  (7)  the 
Swamp  Land  Grant. 

About  twelve  million  acres  of  land  were  thus  donated 
by  Congress  for  educational  purposes  in  Iowa.  These 
lands  were  not,  however,  always  wisely  or  advantageously 
disposed  of.  Most  of  the  land  was  sold  at  $1.25  per  acre, 
and  some  of  it  was  sold  as  low  as  twenty-five  cents  per 
acre.  Had  Iowa,  like  Minnesota  and  some  other  States, 
kept  only  one-third  of  her  school  land  till  the  present  day, 
our  State  would  now  have  a  much  larger  school  fund. 

The  estates  of  deceased  persons  who  leave  no  will  or 
heir,  and  the  clear  proceeds  of  all  fines  collected  in  the 
several  counties  for  the  breach  of  the  penal  laws  are  made 
a  part  of  the  school  fund  in  each  County.  The  amount  of 
money  expended  in  Iowa  annually  for  education  is  very 
large;  it  is  almost  half  of  the  total  amount  expended  by 
the  State  for  all  purposes. 

The  Common  Schools.  —  The  system  of  common  schools 
as  now  organized  provides  for  two  classes  of  school  corpo- 
rations,—  the  school  township  and  the  independent  district. 
The  school  township  generally  coincides  with  the  civil 
township  in  boundaries.  The  affairs  of  each  school  cor- 
poration are  conducted  by  a  board  of  directors.  In  the 
independent  districts  and  school  townships  the  directors 
are  elected  for  three  years,  while  in  the  subdistricts  of  the 
school  township,  if  the  township  has  been  so  divided,  they 
are  elected  for  one  year.     The  management  of  all  school 


154  THE    GOVERNMENT    OF    IOWA. 

affairs  in  the  school  townships  is  in  the  hands  of  the  school 
board,  but  most  of  the  authority  they  exercise  is  granted 
to  them  by  the  voters  of  the  school  corporation  at  the 
annual  school  meeting.  Independent  districts  may  be  es- 
tablished either  in  the  rural  communities  or  in  cities  and 
towns. 

The  school  system  of  Iowa  lacks  coordination.  We  have 
a  system  of  common  schools  of  two  classes,  namely,  school 
townships,  which  may  be  divided  into  subdistricts,  and 
independent  districts.  Provision  has  been  made  by  law  for 
county  high  schools,  but  there  is  no  provision  for  city  high 
schools.  The  Code  permits  each  independent  district  to 
maintain  "one  or  more  schools  of  a  higher  order."  The 
existence  of  high  schools  is,  however,  recognized  in  many 
different  places  in  the  law.  We  have  a  State  Superin- 
tendent, County  Superintendents,  and  City  Superintend- 
ents; and  yet  each  is  practically  independent  of  the  others. 
Each  town  or  city  selects  its  own  teachers  and  largely  pre- 
scribes its  own  courses  of  instruction.  In  recent  years  the 
State  Legislature  has  prescribed  that  certain  things  must  be 
taught  in  the  public  schools.  Thus  elementary  agricul- 
ture, domestic  science,  and  manual  training  are  required 
by  law  to  be  taught.  In  like  manner  the  study  of  American 
citizenship  has  been  required. 

The  State  Superintendent.  —  All  teachers  in  the  public 
schools  of  Iowa  must  pass  examinations  under  the  direction 
of  the  State  Board  of  Educational  Examiners,  or  be  gradu- 
ates of  colleges  accredited  by  the  board.  The  State  Super- 
intendent is  charged  with  the  general  supervision  of  all  the 


EDUCATION   AND   THE    SCHOOL    SYSTEM.  1 55 

County  Superintendents  and  the  common*  schools  of  the 
State.  He  may  call  the  County  Superintendents  in  con- 
vention, but  cannot  compel  their  attendance. 

The  State  Superintendent  collects  and  publishes  a  large 
number  of  school  statistics.  If  any  County  Superintendent 
fails  to  make  any  report  as  required  by  law,  the  State 
Superintendent  may  appoint  some  suitable  person  to  per- 
form such  duties,  and  the  delinquent  County  Superin- 
tendent must  pay  for  such  work. 

While  the  State  Superintendent  may  pass  upon  the 
qualifications  of  teachers,  he  cannot  place  a  single  teacher; 
and  his  power  to  determine  the  course  of  study  to  be  pur- 
sued is  considered  as  obsolete.  The  Board  of  Directors  of 
each  school  corporation  elects  its  own  teachers  (who  must 
be  qualified  according  to  law),  adopts  its  own  courses  of 
study,  and  determines  what  text-books  are  to  be  used. 

The  County  Superintendent.  —  The  County  Superin- 
tendency  is  no  longer  a  political  office.  At  least  the  elec- 
tion of  a  County  Superintendent  is  not  made  by  popular 
election.  The  County  Superintendent  confines  his  activ- 
ities to  the  rural  schools.  He  must  see  that  the  provisions 
of  the  school  law  as  it  relates  to  the  schools  or  school  of- 
ficers of  his  County  are  enforced.  He  may  revoke  a  teach- 
er's certificate  for  cause,  subject,  however,  to  an  appeal  to 
the  State  Superintendent. 

The  Independent  Districts.  —  The  independent  districts 
are  really  independent.  We  have  already  noted  that  they 
adopt  their  own  courses  of  study  and  elect  superintendents, 


156  THE   GOVERNMENT   OF   IOWA. 

principals,  and  teachers  independent  of  the  County  or  the 
State  Superintendent. 

The  School  Laws  of  Iowa.  —  Educational  experts  have 
declared  that  many  of  our  district  schools  are  wasteful 
and  inefficient;  that  many  parts  of  the  school  laws  are 
obsolete;  and  that  many  sections  of  the  law  are  contra- 
dictory. It  is  a  fact  that  the  school  laws  of  the  State  are 
in  great  confusion  and  badly  in  need  of  systematic  arrange- 
ment. The  Educational  Commission,  appointed  in  1907, 
recommended  an  entirely  new  code  of  school  laws  looking 
toward  the  unifying  and  coordinating  of  the  entire  school 
system  of  the  State.  Unfortunately  the  legislature  did  not 
accept  the  recommendations  of  the  Commission. 

The  County  High  School.  —  So  firmly  is  the  theory  fixed 
that  each  community  must  keep  up  a  system  of  common 
schools  that  but  few  Counties  have  taken  advantage  of 
the  provisions  made  by  law  for  the  organization  of  County 
high  schools.  In  order  to  give  rural  pupils  the  benefits 
of  high  school  education  a  recent  law  provides  that  any 
pupil  may  attend  any  high  school,  if  one  is  not  maintained 
in  his  home  district,  and  his  tuition  must  be  paid  by  his 
home  district. 

The  Purpose  of  Education.  —  To-day  the  State  looks 
upon  education  not  only  as  a  function  which  should  be 
undertaken  for  the  benefit  of  its  citizens,  but  as  a  duty 
which  the  citizen  owes  to  the  State.  And  so,  we  have  not 
only  free  education,  but  compulsory  education.  The 
schools  may  be  supplied  with  truant  officers  to  see  that 


EDUCATION   AND   THE   SCHOOL   SYSTEM.  1 57 

children  attend  school,  and  parents  may  be  punished  for 
failing  to  send  their  children  to  school.  Many  schools 
to-day  aim,  not  only  to  teach  the  pupils  reading,  writing, 
and  arithmetic,  but  they  are  also  giving  instruction  in 
manual  training  and  mechanic  arts,  cooking,  and  sewing. 
Thus,  the  school  not  only  lays  the  foundation  for  a  general 
education,  but  it  also  prepares  the  individual  for  a  useful 
life  in  society. 

The  Training  of  Teachers.  —  Of  the  children  who  enter 
the  primary  grades  in  any  year,  only  about  one-half  reach 
the  grammar  school ;  and  perhaps  less  than  half  of  these 
complete  the  high  school  course.  And  of  those  who  com- 
plete the  high  school  course,  only  a  very  few  enter  the 
college  or  university. 

In  order  to  better  prepare  those  who  wish  to  teach  in 
the  rural  schools  after  graduation  from  the  high  school,  the 
State,  under  the  supervision  of  the  State  Superintendent 
of  Public  Instruction,  grants  $750  per  year  for  the  intro- 
duction of  normal  courses  in  certain  accredited  high  schools. 
This  recent  act  is  in  keeping  with  the  past  policy  of  the 
State  ir  the  matter  of  training  teachers  for  the  public 
schools. 

The  County  Institute.  —  The  County  Superintendent 
usually  conducts  a  normal  institute  in  his  County  for  a 
week  or  two  each  year,  in  order  to  give  to  teachers  and 
those  who  wish  to  teach  an  opportunity  to  review  the 
common  branches. 

The  State  Teachers'  College.  —  A  State  Normal  School 
(now  called  the  State  Teachers'  College)  was  established  in 


158  THE    GOVERNMENT    OF    IOWA. 

1876  at  Cedar  Falls  "for  the  special  instruction  and  train- 
ing of  teachers  for  the  common  schools."  Urgent  demands 
were  made  before  the  Legislature  in  191 1  for  the  establish- 
ment of  a  like  institution  in  the  southern  part  of  the 
State,  but  as  yet  no  action  has  been  taken. 

The  School  of  Education.  —  At  the  State  University  of 
Iowa  at  Iowa  City  a  School  of  Education  was  established 
in  1907  "to  educate  men  and  women  as  teachers  of  special 
subjects  in  the  best  high  schools,  as  principals  of  high 
schools  and  graded  schools,  as  superintendents  of  schools, 
as  supervisors  of  special  subjects,  as  directors  of  kinder- 
gartens, and  as  instructors  and  professors  in  colleges  and 
normal  schools." 

The  State  Historical  Society.  —  At  Iowa  City  the  State 
has  for  over  a  half  century  supported  the  State  Historical 
Society  of  Iowa  —  an  institution  which  may  be  classed  as 
one  of  the  educational  agencies  of  the  Commonwealth. 
This  Society  has  accumulated  a  library  of  over  53,000 
titles  for  the  use  of  those  interested  in  State  and  local 
history.  Under  the  direction  of  its  Superintendent  re- 
searches in  Iowa  history  are  made  by  trained  students. 
Besides  a  quarterly  journal  of  history  and  politics,  the 
Society  publishes  several  volumes  of  history  each  year. 
The  publications  of  the  Society  are  sent  to  practically 
all  the  public  and  college  libraries  throughout  the  State. 

Agricultural    Education    at    the    State    College.  —  The 

farmer  is  a  very  busy  person.     He  has  neither  time  nor 


EDUCATION    AND   THE   SCHOOL   SYSTEM.  1 59 

money  to  spend  upon  doubtful  experiments.  The  State, 
however,  through  its  agricultural  college  at  Ames  is  able 
to  undertake  a  great  variety  of  experiments.  When  re- 
sults have  been  obtained,  the  knowledge  of  which  will 
materially  benefit  the  farmer,  the  State  not  only  publishes 
the  results  of  such  experiments,  but  by  "  short  courses  ,: 
and  "  farmers'  institutes  "  the  results  of  costly  and  pains- 
taking experiments  are  made  clear  to  the  farmer  in  his 
own  locality.  The  methods  of  selecting,  grading,  testing, 
and  planting  seed  corn  have  been  revolutionized  by  agri- 
cultural education. 

The  State  Fair.  —  Nor  should  the  State  Fair  as  an  agent 
in  agricultural  education  be  forgotten,  for  it  is  there  that 
many  a  farmer  gets  his  inspiration  to  be  a  better  farmer 
by  the  adoption  of  new  labor-saving  devices  or  the  pur- 
chase of  better  stock. 

Other  Educational  Agencies.  —  The  organization  of  a 
school  system  does  not  complete  the  State's  function  of 
education.  Public  libraries  are  maintained  where  the  citi- 
zen may  freely  acquaint  himself  with  the  best  literature 
the  world  has  produced.  Art  galleries,  museums,  and 
zoological  gardens  are  maintained,  not  merely  for  the 
recreation  they  afford,  but  for  their  educational  value.  In 
European  countries  even  theatres  and  opera-houses  are 
maintained  as  a  part  of  public  instruction,  and  through 
the  presentation  of  high-class  performances,  historical  and 
allegorical  in  their  nature,  the  people  are  taught  patriotism 
and  acquire  an  appreciation  of  art. 


160  THE    GOVERNMENT   OF   IOWA. 


QUESTIONS    ON   THE   TEXT. 

i.  Where  did  the  school  system  of  Iowa  take  its  origin? 

2.  What  encouragement  to  education  in  Iowa  was  given  by  the 
Federal  government  ? 

3.  What  criticism  may  be  passed  upon  the  disposition  of  the  school 
lands  in  Iowa? 

4.  How  does  a  school  township  differ  from  an  independent  district? 

5.  What  criticism  may  be  passed  upon  the  present  school  system  of 
Iowa? 

6.  What  relation  does  education  bear  to  good  citizenship? 

7.  What  provisions  have  been  made  in  Iowa  for  the  training  of 
teachers? 

8.  What  is  the  value  of  agricultural  education? 

9.  Name  other  educational  agencies  besides  schools. 

ADDITIONAL  READINGS. 

Laying  by  Some  Money  for  Schools,  Aurner's  Iowa  Stories,  Bk.  II,  p.  112. 
Laws  for  the  Public  Schools,  Aurner's  Iowa  Stories,  Bk.  II,  p.  122. 
The  First  State  School,  Aurner's  Iowa  Stories,  Bk.  II,  p.  129. 
The  First  Colleges,  Aurner's  Iowa  Stones,  Bk.  II,  p.  132. 


CHAPTER  XX. 
SOCIAL   AND   ECONOMIC   LEGISLATION. 

Our  Complex  Society.  —  In  less  than  three-quarters  of  a 
century  Iowa  has  been  changed  from  a  prairie  wilderness 
to  the  home  of  a  highly  complex  social  organism.  It  has 
passed  through  the  fur  trading  stage  to  the  industrial 
stage.  Many  distinct  interests  are  represented  in  our 
population,  each  seeking  to  promote  its  own  welfare  through 
legislation.  To  regulate  these  various  and  conflicting 
interests  has  become  the  most  important  and  the  most 
difficult  task  of  the  General  Assembly. 

Corporations.  —  Iowa  is  now  covered  by  a  network  of 
railroads.  Thousands  of  factory  chimneys  pour  forth  their 
black  smoke  over  our  once  fair  prairies.  Nearly  every 
town  has  one  or  more  banks  which  receive  deposits  and 
make  loans.  Telegraph  and  telephone  poles  and  express 
wagons  are  visible  evidences  of  the  great  business  interests 
which  are  in  our  midst.  Our  busy  streets  are  closely  built 
with  business  houses.  Mines  and  quarries  are  yielding  up 
their  buried  treasures.  Nearly  all  of  these  enterprises  are 
now  conducted  by  corporations  organized  under  authority 
of  law  and  endowed  with  special  privileges  and  immunities 
which  the  individual  does  not  enjoy.     To  control  these 

161 


1 62  THE   GOVERNMENT   OF  IOWA. 

corporations,  to  keep  them  from  becoming  oppressive 
monopolies,  to  compel  them  to  render  an  adequate  service 
upon  equal  terms  to  all,  to  compel  them  to  pay  their  just 
share  of  taxation,  and  to  prevent  them  from  corrupting 
the  whole  administration  of  government  for  private  gain 
has  been  the  great  problem  of  the  modern  State. 

Labor  Legislation.  —  In  order  to  encourage  business 
enterprises,  the  State  at  first  took  a  very  liberal  attitude 
toward  business  corporations,  and  few  restrictions  of  any 
kind  were  placed  upon  their  activities.  The  industrial  era, 
however,  has  developed  a  new  class  in  society  —  the  work- 
ing class  — -  who  have  found  their  chief  means  of  resisting 
what  they  term  the  excessive  and  unreasonable  demands 
of  capital  in  banding  themselves  together  into  close  organi- 
zations called  unions. 

Through  the  efforts  of  these  labor  organizations  the 
laboring  class  has  succeeded  in  getting  the  State  to  recog- 
nize in  the  law  many  of  the  demands  of  labor.  Thus  there 
is  legislation  determining  the  hours  of  labor  and  the  age 
at  which  children  may  be  employed ;  there  is  legislation 
relative  to  the  employment  of  women  in  factories ;  there 
is  legislation  securing  safety  and  sanitary  conditions  to  the 
workers  in  factories ;  and  gradually  there  has  come  a 
recognition  of  the  fact  that  industry  must  pay  for  the 
maimed  bodies  and  lost  lives  of  its  workers  as  it  pays  for 
discarded  and  worn-out  machinery. 

Violence  and  disorder  are  never  tolerated  in  an  orderly 
society ;  yet  men  have  sometimes  resorted  to  both  violence 
and  disorder  to  force  concession  from  the  unwilling  hands 


SOCIAL   AND    ECONOMIC    LEGISLATION.  163 

of  employers.  In  order  to  prevent  strikes  or  to  quickly 
bring  labor  and  capital  to  a  friendly  understanding,  some 
States  have  established  boards  of  arbitration  and  concilia- 
tion, by  which  industrial  disputes  have  been  successfully 
adjusted. 

Public  Health. — With  the  complete  freedom  of  move 
ment  which  we  enjoy,  with  the  crowding  of  people  in  cities, 
and  with  the  development  of  easy  and  rapid  means  of 
transportation  the  protection  of  public  health  has  neces- 
sarily received  much  attention  from  our  lawmakers  in 
recent  years.  Medical  science  has  shown  that  contagious 
disease  readily  becomes  epidemic  if  proper  precautions  are 
not  taken.  The  State  has  kept  pace  with  science  by  re- 
quiring vaccination  and  quarantine  to  prevent  the  spread 
of  certain  diseases.  Science  analyzes  the  food  we  eat,  the 
milk  and  water  we  drink,  and  the  drugs  we  take;  while 
the  legislature  promptly  enacts  appropriate  laws  for  the 
protection  and  preservation  of  our  health. 

It  is  in  the  interests  of  public  health  and  safety  that  the 
erection  of  buildings,  the  construction  of  stairways  and 
fire-escapes,  and  the  swinging  of  doors  on  public  buildings 
are  now  regulated  by  law.  In  like  manner  laws  regulating 
light,  ventilation,  and  sanitation  in  public  buildings  safe- 
guard our  health.  In  the  interest  of  public  health  "  the 
emission  of  dense  smoke  "  was  prohibited  by  law  in  191 1 
in  cities  of  over  65,000  inhabitants.  It  is  in  the  interests 
of  public  health  that  the  streets  in  the  larger  cities  are 
paved.  Sewerage  systems  are  built,  garbage  is  collected, 
streets  and  alleys  are  cleaned  because  it  is  now  a  well 


164  THE    GOVERNMENT    OF    IOWA. 

recognized  fact  that  dirt  and  foul  air  are  two  of  the  most 
active  promoters  of  disease. 

Many  of  the  laws  made  by  the  State  in  the  interest  of 
public  health  are  enforced  by  the  local  communities. 
Thus,  the  Township  Trustees  constitute  a  board  of  health 
for  the  township;  the  city  Council  acts  as  a  board  of 
health  for  the  city,  and  employs  a  special  health  officer. 
The  State  Board  of  Health,  moreover,  has  general  super- 
vision of  the  lives  and  health  of  the  people  of  the  State, 
and  is  authorized  to  make  rules  and  regulations  as  to  in- 
spection of  public  health  which  have  the  same  force  as  laws. 

Public  Charities.  —  There  are  two  classes  of  unfortunates 
in  society  —  the  defective  and  the  dependent.  The  State 
takes  care  of  both,  partly  to  protect  society  and  partly 
because  we  dislike  to  see  any  one  suffer  or  remain  in  want. 
Thus  the  insane,  the  idiotic,  the  feeble-minded,  epileptic, 
and  the  inebriate  are  housed  and  given  scientific  and  hu- 
mane treatment  by  the  State.  The  deaf  and  the  blind  are 
educated  by  the  State  and  made  useful  members  of  so- 
ciety in  spite  of  their  misfortune. 

The  care  and  treatment  of  crippled  children  at  the 
State's  expense  in  the  Perkins  Hospital  at  Iowa  City  has 
already  more  than  justified  the  expense. 

The  dependent  class  includes  poor,  orphan,  and  outcast 
children.  The  State  takes  charge  of  the  orphans  and  the 
outcast  children,  while  the  poor  are  cared  for  in  a  home 
maintained  by  the  County,  or  are  granted  supplies  or 
other  aid  from  time  to  time  by  the  Township  Trustees  or 
by  an  official  appointed  for  cities  by  the  Board  of  Super- 


SOCIAL   AND   ECONOMIC   LEGISLATION.  165 

visors  known  as  Overseer  of  the  Poor.  In  fact,  the  mother's 
pension  is  only  a  disguised  form  of  poor  relief.  In  addition 
to  these  public  means  of  caring  for  the  poor,  many  chari- 
table societies  and  individuals  afford  aid. 

The  greatest  problem  in  giving  to  the  poor  is  to  be  able 
to  discriminate  the  worthy  poor  from  the  impostors.  It 
sometimes  happens  that  persons  who  have  been  the  re- 
cipients of  public  aid  for  many  years  die  leaving  a  con- 
siderable bank  account.  Indiscriminate  giving  encourages 
pauperism  and  promotes  the  idea  that  the  world  owes  one 
a  living.  To  prevent  fraud  in  the  collection  of  funds  for 
charitable  purposes,  all  organizations,  institutions,  or  as- 
sociations soliciting  public  donations  are  required  by  law 
to  obtain  a  license  from  the  Secretary  of  State.  The 
County  poorhouses,  moreover,  have  often  been  misman- 
aged and  the  unfortunate  inmates  have  been  cruelly 
treated.  The  system  of  returning  to  the  County  poorhouses 
the  incurable  insane  has  made  the  ordinary  County  house 
anything  but  a  pleasant  place  of  abode. 

Crime,  Punishment,  Correction.  —  Obedience  to  law  is 
the  first  requisite  of  good  citizenship.  When  laws  are 
broken,  some  form  of  punishment  must  follow  or  there  will 
soon  be  no  respect  for  the  law.  Lawful  punishments  are  of 
three  kinds:  (1)  fines,  that  is,  the  payment  of  certain  sums 
of  money  for  the  violation  of  law;  (2)  imprisonment,  which 
varies  according  to  the  offence  from  a  few  days  to  a  life 
sentence;  and  (3)  the  death  penalty,  which  is  inflicted 
sometimes  as  a  punishment  for  murder. 

Of  these  three  kinds  of  punishment  the  State  of  Iowa, 


1 66  THE    GOVERNMENT   OF   IOWA. 

as  well  as  other  States,  has  been  most  interested  in  the 
imprisoned  offender,  and  much  legislation  has  been  enacted 
looking  toward  his  reformation.  To-day  we  insist  that  a 
prisoner  has  a  right  to  safe  and  sanitary  surroundings,  to 
wholesome  food,  and  to  influences  that  may  show  him  the 
error  of  his  ways  and  teach  him  to  become  a  good  citizen. 
For  first  offenders  an  indeterminate  sentence  is  pronounced, 
by  which  the  term  of  imprisonment  may  be  shortened  by 
good  behavior.  In  such  cases  release  on  parole  is  granted, 
subject  to  reimprisonment  if  the  conditions  of  the  parole 
are  violated. 

The  State  has  provided  correctional  schools  for  wayward 
boys  and  girls  who  are  without  parents  or  whose  parents 
cannot  control  them.  These  correctional  schools  provide 
a  system  of  industrial  education;  and  when  the  boys  and 
girls  are  released,  they  are  aided  in  securing  honest  employ- 
ment and  are  encouraged  to  become  useful  members  of 
society. 

Fire  Protection.  —  One  of  the  great  calamities  which 
may  at  any  time  overtake  a  community  is  destruction  by 
fire.  And  so,  the  State  gives  to  every  community  the 
right  to  take  proper  precautions  to  prevent  fires.  The 
smaller  communities  can  hardly  afford  to  do  much  more 
than  purchase  a  number  of  buckets  and  a  few  ladders 
which  may  be  used  by  any  one  in  case  of  fire.  The  larger 
communities  usually  have  volunteer  fire  companies  which 
use  apparatus  owned  by  the  community.  In  the  large 
cities  there  is  usually  a  highly  trained  and  efficient  force  of 
fire  fighters,  receiving  compensation  from  the  city. 


SOCIAL   AND    ECONOMIC    LEGISLATION.  167 

State  Fire  Marshal.  —  Fire  not  only  destroys  much 
property,  but  frequently  causes  loss  of  life.  In  order  to 
gain  a  better  knowledge  of  the  causes  of  fires  and  the  means 
of  preventing  them,  the  General  Assembly,  in  191 1,  created 
the  office  of  State  Fire  Marshal.  This  ofhcial  may  appoint 
a  deputy  and  inspectors  who  are  authorized  to  enter  and 
inspect  buildings  for  the  purpose  of  determining  whether 
they  are  especially  liable  to  fire  or  are  so  situated  as  to 
endanger  other  buildings.  The  State  Fire  Marshal  is 
required  to  keep  a  record  of  all  fires  occurring  in  the  State, 
showing  the  value  of  the  property  destroyed,  the  amount 
of  insurance  thereon,  and  the  amount  actually  collected, 
together  with  the  origin  or  cause  of  the  fire  as  ascertained. 
The  State  Fire  Marshal  or  his  deputies  are  directed  to 
require  all  teachers  in  buildings  of  more  than  one  story  to 
conduct  at  least  one  fire  drill  each  month,  and  to  keep  all 
doors  unlocked  during  school  hours. 

The  Highways.  —  To  provide  an  easy  and  convenient 
means  of  transit  from  one  place  to  another  was  one  of  the 
earliest  functions  of  government.  Military  roads  were  first 
built  to  facilitate  the  transportation  of  troops.  Private 
companies  sometimes  built  turnpikes  or  toll  roads;  but  as 
the  Congressional  survey  provided  for  roads  along  the 
section  lines,  no  important  system  of  private  or  toll  roads 
was  ever  constructed  in  Iowa. 

As  Iowa  has  become  a  well  settled  country,  the  old  and 
wasteful  methods  of  caring  for  the  public  highways  are 
about  to  be  abandoned.  Heavy  traffic  and  the  common 
use  of  the  automobile  have  created  a  demand  for  the  ade- 


1 68  THE    GOVERNMENT   OF    IOWA. 

quate  and  permanent  improvement  of  the  public  highways. 
The  townships  and  Counties  having  shown  their  inability 
to  solve  the  problem  of  good  roads,  an  appeal  has  been 
made  to  the  State  to  take  up  this  function.  We  already 
have  a  State  Highway  Commission,  now  vested  with  con- 
siderable power.  The  most  important  piece  of  highway 
legislation  enacted  so  far  was  passed  in  iqiq,  under  which 
the  Counties  may  provide  for  the  construction  of  per- 
manent hard-surfaced  roads.  Good  roads  are  an  economic 
necessity.  Indeed,  it  has  been  demonstrated  that  the 
force  which  is  required  to  draw  a  ton  over  a  muddy  road 
will  draw  four  tons  upon  a  well  constructed  hard  road. 

The  Preservation  of  Natural  Resources.  —  The  pioneers 
used  lavishly  the  bountiful  resources  of  the  State,  ap- 
parently with  little  heed  for  the  future.  The  present 
generation,  however,  is  trying  by  legislation  to  protect  and 
restore  some  of  the  natural  resources  of  the  commonwealth. 
The  rapid  disappearance  of  the  forests  has  prompted  the 
Legislature  to  pass  laws  for  the  encouragement  of  planting 
forest  trees.  Much  legislation  has  been  enacted  for  the 
protection  and  propagation  of  birds,  fish,  and  game.  To 
re-stock  our  depleted  coverts,  many  English  pheasants  and 
Hungarian  partridges  have  recently  been  turned  loose  in 
different  parts  of  the  State  under  the  direction  of  the  Fish 
and  Game  Warden. 

Legislation  Relative  to  Morals.  —  We  boast  of  our  great 
liberty,  and  yet  the  State  controls  our  actions  in  many 
ways.  Iowa  has  many  laws  governing  conduct,  some  of 
which  are  "more  honored  in  the  breach  than  in  the  observ- 


SOCIAL   AND   ECONOMIC   LEGISLATION.  169 

ance,"  because  public  opinion  does  not  demand  their  en- 
forcement. In  fact  it  is  very  difficult  in  a  country  like 
ours  to  enforce  any  law  which  does  not  have  the  support 
of  public  sentiment. 

The  Code  of  Iowa  declares  certain  kinds  of  actions  or 
conduct  to  be  illegal  at  certain  times  only,  while  others  are 
declared  to  be  illegal  at  any  time.  Thus  the  law  declares 
that  no  one  shall  carry  firearms,  hunt,  shoot,  dance,  play 
ball,  race  horses,  buy  or  sell  property  of  any  kind,  or  per- 
form any  labor  except  that  of  necessity  or  charity  upon  the 
Sabbath  day.  In  like  manner,  ball  games,  horse-racing, 
and  other  sports  are  prohibited  before  3  p.m.  on  Me- 
morial   Day. 

Of  the  activities  absolutely  prohibited  prize  fighting, 
lotteries,  betting,  gambling,  and  vices  of  all  kinds  may  be 
mentioned.  A  few  years  ago  the  Legislature  prohibited  the 
organization  of  fraternities  or  secret  societies  in  the  public 
schools  because  they  were  deemed  undemocratic  and  detri- 
mental to  the  moral  training  of  the  youth.  Minors  are 
not  allowed  to  patronize  pool  halls,  saloons,  and  cigarette 
stands. 

In  regard  to  the  liquor  traffic  Iowa  seems  to  have  tried 
everything  from  wide-open  saloons  to  complete  prohibi- 
tion. A  couple  of  years  before  the  national  prohibition 
amendment  went  into  effect  Iowa  had  gone  "dry"  by  ac- 
tion of  our  State  Legislature. 

The  Police  Force  and  the  Militia.  —  To  preserve  order, 
to  arrest  offenders,  and  to  enforce  the  multitude  of  laws 
upon  our  statute  books  requires  a  large  number  of  officials 


170  THE    GOVERNMENT   OF    IOWA. 

in  whom  special  authority  has  been  vested.  In  the  study 
of  local  government  we  have  already  noted  that  the  town- 
ship has  its  two  Constables,  but  they  are  seldom  equal  to 
an  emergency.  The  County  Sheriff  acts  largely  under  the 
orders  of  the  District  Court  or  County  Attorney. 

In  our  towns  and  cities  reliance  is  ordinarily  placed  in  a 
different  group  of  peace  officers.  Thus,  our  towns  have 
their  Marshal  and  Deputy  Marshal,  frequently  very  in- 
efficient officials.  Cities  of  the  second  class  have  a  Marshal, 
Deputy  Marshal,  and  usually  two  or  more  Policemen; 
while  in  the  larger  cities  the  police  force  becomes  a  rather 
numerous  body  organized  on  a  semimilitary  basis. 

Ordinarily  public  order  is  fairly  well  preserved  through 
the  local  officials,  who  bring  offenders  before  the  courts 
where  they  are  tried  and  sentenced.  But  in  case  of  mob 
violence,  riot,  insurrection,  or  other  great  disturbances  the 
court  processes  practically  stand  still.  In  such  cases 
masses  bent  upon  public  disturbance  or  the  overthrowing 
of  the  constituted  authorities  of  government  must  be  met 
by  masses  representing  the  authority  of  government. 
Thus,  when  the  Mayor  finds  that  his  police  force  cannot 
cope  with  a  public  disturbance,  he  may  call  upon  the  Sheriff 
of  the  County  who  may  swear  in  additional  deputies  or 
call  out  the  posse  comitatus.  When  the  Sheriff  can  no 
longer  handle  the  situation,  he  appeals  to  the  Governor  as 
commander-in-chief  of  the  State  militia  forces;  and  the 
Governor  may  order  out  as  many  companies  of  militia  as 
he  deems  sufficient  to  restore  and  preserve  public  peace 
and  order. 

Back  of  all  of  these  representatives  of  public  authority 


SOCIAL  AND   ECONOMIC   LEGISLATION.  171 

stand  the  people  of  the  State  who,  if  they  wish  to  see  public 
order  preserved  and  the  welfare  of  the  State  promoted, 
must  themselves  be  obedient  to  the  laws  and  work  un- 
ceasingly for  the  selection  of  honest  and  efficient  public 
servants  and  the  promotion  of  the  general  welfare. 

QUESTIONS  ON  THE  TEXT. 

1.  Why  does  the  State  undertake  to  regulate  and  control  corpora- 
tions and  other  business  agencies? 

2.  Is  it  proper  to  regulate  by  law  the  hours  of  labor,  if  men  are  will- 
ing to  work  longer  hours  for  increased  pay? 

3.  If  a  laborer  is  injured  in  his  employment  should  his  employer 
pay  for  the  injury  the  same  as  he  would  for  a  broken  machine? 

4.  What  actions  are  performed  in  the  interests  of  public  health? 

5.  How  could  the  health  of  your  community  be  improved  through 
governmental  agencies? 

6.  Why  is  the  giving  of  aid  to  the  poor  a  difficult  problem? 

7.  What  attitude  should  society  take  toward  one  who  has  committed 
a  crime? 

8.  How  does  the  State  undertake  to  regulate  conduct  in  the  interest 
of  public  morals? 

9.  Upon  whom  does  the  responsibility  for  good  government  rest — 
upon  the  police  and  militia  or  upon  the  people  of  the  State? 

ADDITIONAL  READINGS. 

Note.  —  I.  J.  H.  P.  =  Iowa  Journal  of  History  and  Politics. 

Work  Accident  Indemnity  in  Iowa,  Iowa  Applied  History  Series,  Vol. 
I,  p.  421. 

Regulation  of  Urban  Utilities  in  Iowa,  Iowa  Applied  History  Series,  Vol. 
I,  P-  95- 

Social  Legislation  in  Iowa,  Iowa  Applied  History  Series,  Vol.  II,  p.  499. 

Child  Labor  Legislation  in  Iowa,  Iowa  Applied  History  Series,  Vol.  II, 
P-  559- 

Poor  Relief  Legislation  in  Iowa,  Iowa  Applied  History  Series,  Vol.  II, 
p.  631. 

The  Roads  and  Highways  of  Territorial  Iowa,  I.  J.  H.  P.,  Vol.  Ill,  p.  175. 

Road  Legislation  in  Iowa,  Iowa  Applied  History  Series,  Vol.  I,  p.  3. 

The  Beginnings  of  Liquor  Legislation  in  Iowa,  I.  J.  H.  P.,  Vol.  IV,  p.  193. 

Recent  Liquor  Legislation  in  Iowa,  I.  J.  H.  P.,  Vol.  XV,  p.  42. 


APPENDIX. 

THE   CONSTITUTION   OF  IOWA. 


PREAMBLE. 

ARTICLE  I.    BILL  OF  RIGHTS. 
ARTICLE  II.     RIGHTS  OF  SUFFRAGE. 

ARTICLE  III.    OF  THE  DISTRIBUTION  OF  POWERS.    LEG- 
ISLATIVE DEPARTMENT. 
ARTICLE  IV.     EXECUTIVE  DEPARTMENT. 
ARTICLE  V.    JUDICIAL  DEPARTMENT. 
ARTICLE  VI.     MILITIA. 
ARTICLE  VII.     STATE  DEBTS. 
ARTICLE  VIII.     CORPORATIONS. 
ARTICLE  IX.     EDUCATION  AND  SCHOOL  LANDS. 
ARTICLE  X.     AMENDMENTS  TO  THE  CONSTITUTION. 
ARTICLE  XI.     MISCELLANEOUS. 
ARTICLE  XII.     SCHEDULE. 

PREAMBLE. 

We,  the  People  of  the  State  of  Iowa,  grateful  to  the  Supreme  Being 
for  the  blessings  hitherto  enjoyed,  and  feeling  our  dependence  on 
Him  for  a  continuation  of  those  blessings,  do  ordain  and  establish  a 
free  and  independent  government,  by  the  name  of  the  State  of  Iowa, 
the  boundaries  whereof  shall  be  as  follows  : 

Boundaries.  Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  at  a  point  due  east  of  the  middle  of  the  mouth  of 
the  main  channel  of  the  Des  Moines  river;  thence  up  the  middle  of 
the  main  channel  of  the  said  Des  Moines  river,  to  a  point  on  said 
river  where  the  northern  boundary  line  of  the  state  of  Missouri  —  as 
established  by  the  constitution  of  that  state,  adopted  June  12th,  1820 

173 


174  THE   GOVERNMENT   OF   IOWA. 

—  crosses  the  said  middle  of  the  main  channel  of  the  said  Des  Moines 
river ;  thence  westwardly  along  the  said  northern  boundary  line  of 
the  state  of  Missouri,  as  established  at  the  time  aforesaid,  until 
an  extension  of  said  line  intersects  the  middle  of  the  main  channel  of 
the  Missouri  river ;  thence  up  the  middle  of  the  main  channel  of  the 
said  Missouri  river  to  a  point  opposite  the  middle  of  the  main  channel 
of  the  Big  Sioux  river,  according  to  Nicollett's  map ;  thence  up  the 
main  channel  of  the  said  Big  Sioux  river,  according  to  the  said  map, 
until  it  is  intersected  by  the  parallel  of  forty-three  degrees  and  thirty 
minutes  north  latitude ;  thence  east  along  said  parallel  of  forty-three 
degrees  and  thirty  minutes,  until  said  parallel  intersects  the  middle 
of  the  main  channel  of  the  Mississippi  river ;  thence  down  the  middle 
of  the  main  channel  of  the  said  Mississippi  river  to  the  place  of 
beginning. 

ARTICLE  I.  —  BILL  OF  RIGHTS. 

Rights  of  persons.  Section  i.  All  men  are,  by  nature,  free  and 
equal,  and  have  certain  inalienable  rights,  among  which  are  those  of 
enjoying  and  defending  life  and  liberty,  acquiring,  possessing,  and 
protecting  property,  and  pursuing  and  obtaining  safety  and  happiness. 

Political  power.  Sec.  2.  All  political  power  is  inherent  in  the 
people.  Government  is  instituted  for  the  protection,  security,  and 
benefit  of  the  people,  and  they  have  the  right,  at  all  times,  to  alter  or 
reform  the  same,  whenever  the  public  good  may  require  it. 

Religion.  Sec.  3.  The  general  assembly  shall  make  no  law  re- 
specting an  establishment  of  religion,  or  prohibiting  the  free  exercise 
thereof ;  nor  shall  any  person  be  compelled  to  attend  any  place  of 
worship,  pay  tithes,  taxes,  or  other  rates,  for  building  or  repairing 
places  of  worship,  or  the  maintenance  of  any  minister  or  ministry. 

Religious  test.  Sec.  4.  No  religious  test  shall  be  required  as  a 
qualification  for  any  office  of  public  trust,  and  no  person  shall  be  de- 
prived of  any  of  his  rights,  privileges,  or  capacities,  or  disqualified 
from  the  performance  of  any  of  his  public  or  private  duties,  or  rendered 
incompetent  to  give  evidence  in  any  court  of  law  or  equity,  in  con- 
sequence of  his  opinions  on  the  subject  of  religion ;  and  any  party  to 
any  judicial  proceeding  shall  have  the  right  to  use  as  a  witness,  or 


APPENDIX.  175 

take  the  testimony  of,  any  other  person,  not  disqualified  on  account  of 
interest,  who  may  be  cognizant  of  any  fact  material  to  the  case; 
and  parties  to  suits  may  be  witnesses,  as  provided  by  law. 

Dueling.  Sec.  5.  Any  citizen  of  this  state  who  may  hereafter  be 
engaged,  either  directly  or  indirectly,  in  a  duel,  either  as  principal  or 
accessory  before  the  fact,  shall  forever  be  disqualified  from  holding 
any  office  under  the  constitution  and  laws  of  this  state. 

Laws  uniform.  Sec.  6.  All  laws  of  a  general  nature  shall  have  a 
miform  operation ;  the  general  assembly  shall  not  grant  to  any  citizen 
or  class  of  citizens,  privileges  or  immunities,  which  upon  the  same 
terms  shall  not  equally  belong  to  all  citizens. 

Liberty  of  speech  and  the  press.  Sec.  7.  Every  person  may 
speak,  write  and  publish  his  sentiments  on  all  subjects,  being  re- 
sponsible for  the  abuse  of  that  right.  No  law  shall  be  passed  to 
restrain  or  abridge  the  liberty  of  speech,  or  of  the  press.  In  all  prose- 
cutions or  indictments  for  libel,  the  truth  may  be  given  in  evidence  to 
the  jury,  and  if  it  appear  to  the  jury  that  the  matter  charged  as  libelous 
was  true,  and  was  published  with  good  motives  and  for  justifiable 
ends,  the  party  shall  be  acquitted. 

Personal  security.  Sec.  8.  The  right  of  the  people  to  be  secure 
in  their  persons,  houses,  papers,  and  effects,  against  unreasonable 
seizures  and  searches,  shall  not  be  violated  ;  and  no  warrant  shall  issue 
but  on  probable  cause,  supported  by  oath  or  affirmation,  particularly 
describing  the  place  to  be  searched,  and  the  persons  and  things  to 
be  seized. 

Trial  by  jury ;  due  process  of  law.  Sec.  9.  The  right  of  trial  by 
jury  shall  remain  inviolate ;  but  the  general  assembly  may  authorize 
trial  by  a  jury  of  a  less  number  than  twelve  men  in  inferior  courts ; 
but  no  person  shall  be  deprived  of  life,  liberty,  or  property,  without 
due  process  of  law. 

Rights  of  persons  accused.  Sec.  10.  In  all  criminal  prosecutions, 
and  in  cases  involving  the  life  or  liberty  of  an  individual,  the  accused 
shall  have  a  right  to  a  speedy  and  public  trial  by  an  impartial  jury ;  to 
be  informed  of  the  accusation  against  him  ;  to  have  a  copy  of  the  same 
when  demanded ;  to  be  confronted  with  the  witnesses  against  him ;  to 


176  THE   GOVERNMENT   OF   IOWA. 

have  compulsory  process  for  his  witnesses ;  and  to  have  the  assistance 
of  counsel. 

When  indictment  necessary.  Sec.  11.  All  offenses  less  than 
felony,  and  in  which  the  punishment  does  not  exceed  a  fine  of  one 
hundred  dollars,  or  imprisonment  for  thirty  days,  shall  be  tried  sum- 
marily before  a  justice  of  the  peace,  or  other  officer  authorized  by  law, 
on  information  under  oath,  without  indictment,  or  the  intervention 
of  a  grand  jury,  saving  to  the  defendant  the  right  of  appeal ;  and  no 
person  shall  be  held  to  answer  for  any  higher  criminal  offense,  unless 
on  presentment  or  indictment  by  a  grand  jury,  except  in  cases  arising 
in  the  army  or  navy,  or  in  the  militia,  when  in  actual  service,  in  time 
of  war  or  public  danger. 

Twice  tried;  bail.  Sec.  12.  No  person  shall,  after  acquittal,  be 
tried  for  the  same  offense.  All  persons  shall,  before  conviction,  be 
bailable  by  sufficient  sureties,  except  for  capital  offenses,  where  the 
proof  is  evident,  or  the  presumption  great. 

Habeas  Corpus.  Sec.  13.  The  writ  of  habeas  corpus  shall  not  be 
suspended  or  refused  when  application  is  made  as  required  by  law, 
unless,  in  case  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

Military.  Sec.  14.  The  military  shall  be  subordinate  to  the  civil 
power.  No  standing  army  shall  be  kept  up  by  the  state  in  time  of 
peace;  and  in  time  of  war  no  appropriation  for  a  standing  army  shall 
be  for  a  longer  time  than  two  years. 

Quartering  soldiers.  Sec.  15.  No  soldier  shall,  in  time  of  peace,  be 
quartered  in  any  house  without  the  consent  of  the  owner,  nor  in  time 
of  war  except  in  the  manner  prescribed  by  law. 

Treason.  Sec.  16.  Treason  against  the  state  shall  consist  only  in 
levying  war  against  it,  adhering  to  its  enemies,  or  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason,  unless  on  the  evi- 
dence of  two  witnesses  to  the  same  overt  act,  or  confession  in  open 
court. 

Bail;  punishments.  Sec.  17.  Excessive  bail  shall  not  be  required ; 
excessive  fines  shall  not  be  imposed,  and  cruel  and  unusual  punishment 
shall  not  be  inflicted. 


APPENDIX.  177 

Eminent  domain.  Sec.  18.  Private  property  shall  not  be  taken  for 
public  use  without  just  compensation  first  being  made,  or  secured  to 
be  made,  to  the  owner  thereof,  as  soon  as  the  damages  shall  be  assessed 
by  a  jury,  who  shall  not  take  into  consideration  any  advantages  that 
may  result  to  said  owner  on  account  of  the  improvement  for  which  it 
is  taken. 

The  general  assembly,  however,  may  pass  laws  permitting  the 
owners  of  lands  to  construct  drains,  ditches,  and  levees  for  agricultural, 
sanitary  or  mining  purposes  across  the  lands  of  others,  and  provide  for 
the  organization  of  drainage  districts,  vest  the  proper  authorities  with 
power  to  construct  and  maintain  levees,  drains,  and  ditches  and  to  keep 
in  repair  all  drains,  ditches  and  levees  heretofore  constructed  under 
the  laws  of  the  state,  by  special  assessments  upon  the  property  bene- 
fited thereby.  The  general  assembly  may  provide  by  law  for  the  con- 
demnation of  such  real  estate  as  shall  be  necessary  for  the  construction 
and  maintenance  of  such  drains,  ditches  and  levees,  and  prescribe  the 
method  of  making  such  condemnation. 

[By  proper  action  of  the  legislature  (31  G.  A.,  joint  resolution  No.  1 
and  32  G.  A.,  joint  resolution  No.  2)  the  foregoing  paragraph  was  sub- 
mitted to  vote  of  the  electors  at  the  general  election  of  1908,  and  was 
by  them  adopted.] 

Imprisonment  for  debt.  Sec.  19.  No  persons  shall  be  imprisoned 
for  debt  in  any  civil  action,  on  mesne  or  final  process,  unless  in  case  of 
fraud ;  and  no  person  shall  be  imprisoned  for  a  military  fine  in  time 
of  peace. 

Petition.  Sec.  20.  The  people  have  the  right  freely  to  assemble 
together  to  counsel  for  the  common  good  ;  to. make  known  their  opin- 
ions to  their  representatives,  and  to  petition  for  a  redress  of  grievances. 

Attainder;  ex  post  fa«to  law  ;  obligation  of  contract.  Sec.  21.  No 
bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of 
contracts,  shall  ever  be  passed. 

Resident  aliens.  Sec.  22.  Foreigners  who  are,  or  may  hereafter  be- 
come residents  of  this  state,  shall  enjoy  the  same  rights  in  respect  to 
the  possession,  enjoyment,  and  descent  of  property,  as  native-born 
citizens. 


178  THE   GOVERNMENT   OF   IOWA. 

Slavery.  Sec.  23.  There  shall  be  no  slavery  in  this  state;  nor 
shall  there  be  involuntary  servitude,  unless  for  the  punishment  of 
crime. 

Reservation  of  rents.  Sec.  24.  No  lease  or  grant  of  agricultural 
lands,  reserving  any  rent  or  service  of  any  kind,  shall  be  valid  for  a 
longer  period  than  twenty  years. 

Rights  retained.  Sec.  25.  This  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others,  retained  by  the  people. 

Intoxicating  liquors.  (Sec.  26.  No  person  shall  manufacture  for 
sale,  or  sell,  or  keep  for  sale,  as  a  beverage  any  intoxicating  liquors 
whatever,  including  ale,  wine  and  beer.  The  general  assembly 
shall  by  law  prescribe  regulations  for  the  enforcement  of  the  pro- 
hibition herein  contained,  and  shall  thereby  provide  suitable  penalties 
for  the  violation  of  the  provisions  hereof.) 

[The  foregoing  amendment  was  adopted  at  a  special  election  held 
on  June  27,  1882.  The  supreme  court,  April  21,  1883,  in  the  case  of 
Koehler  and  Lange  vs.  Hill,  and  reported  in  60th  Iowa,  page  543,  held 
that  owing  to  certain  irregularities  the  same  was  not  legally  submitted 
to  the  electors,  and  did  not  become  a  part  of  the  constitution.] 

ARTICLE  II.  —  RIGHTS  OF  SUFFRAGE. 

Electors.  Section  1.  Every  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  who  shall  have  been  a  resident  of  this  state 
six  months  next  preceding  the  election,  and  of  the  county  in  which  he 
claims  his  vote,  sixty  days,  shall  be  entitled  to  vote  at  all  elections 
which  are  now  or  hereafter  may  be  authorized  by  law. 

[By  proper  legislative  action  (n  G.  A.,  chap.  98  ;  and  12  G.  A.,  joint 
res.  No.  XI)  a  proposed  amendment,  striking  the  word  "white"  from 
this  section  as  it  originally  stood,  was  submitted  to  the  electors  at  the 
general  election  in  1868  and  adopted.] 

Privileged  from  arrest.  Sec.  2.  Electors  shall,  in  all  cases  except 
treason,  felony,  or  breach  of  the  peace,  be  privileged  from  arrest  on  the 
days  of  election,  during  their  attendance  at  such  elections,  going  to 
and  returning  therefrom. 


APPENDIX.  179 

From  military  duty.  Sec.  3.  No  elector  shall  be  obliged  to  per- 
form military  duty  on  the  day  of  election,  except  in  time  of  war  or 
public  danger. 

Persons  in  military  service.  Sec.  4.  No  person  in  the  military, 
naval,  or  marine  service  of  the  United  States  shall  be  considered  a 
resident  of  this  state  by  being  stationed  in  any  garrison,  barrack,  or 
military  or  naval  place  or  station  within  this  state. 

Insane.  Sec.  5.  No  idiot  or  insane  persons,  or  person  convicted 
of  any  infamous  crime,  shall  be  entitled  to  the  privilege  of  an  elector. 

Ballot.     Sec.  6.     All  elections  by  the  people  shall  be  by  ballot. 

General  Election.  Sec.  7.  The  general  election  for  state,  district, 
county  and  township  officers  in  the  year  1916  shall  be  held  in  the 
same  month  and  on  the  same  day  as  that  fixed  by  the  laws  of  the 
United  States  for  the  election  of  presidential  electors  or  of  presi- 
dent and  vice-president  of  the  United  States;  and  thereafter  such 
elections  shall  be  held  at  such  time  as  the  general  assembly  may  by 
law  provide. 

[The  original  Sec.  7  of  Art.  II  was  adopted  as  an  amendment 
to  the  Constitution  in  1884.  This  was  repealed  in  1016  and  the 
present  Sec.  7  substituted  in  its  place.] 

ARTICLE  III— OF  THE  DISTRIBUTION  OF  POWERS. 
Departments  of  government.  Section  1.  The  powers  of  the  gov- 
ernment of  Iowa  shall  be  divided  into  three  separate  departments: 
The  legislative,  the  executive  and  the  judicial;  and  no  person  charged 
with  the  exercise  of  powers  properly  belonging  to  one  of  these  de- 
partments shall  exercise  any  function  appertaining  to  either  of  the 
others,  except  in  cases  hereinafter  expressly  directed  or  permitted. 

LEGISLATIVE  DEPARTMENT 

General  assembly.  Section  1.  The  legislative  authority  of  this 
state  shall  be  vested  in  a  general  assembly,  which  shall  consist  of  a 
senate  and  house  of  representatives;  and  the  style  of  every  law  shall 
be — "Be  it  enacted  by  the  General  Assembly  of  the  State  of  Iowa." 

Sessions.  Sec.  2.  The  sessions  of  the  general  assembly  shall  be 
biennial,  and  shall  commence  on  the  second  Monday  in  January  next 
ensuing  the  election  of  its  members;  unless  the  governor  of  the  state 
shall,  in  the  meantime,  convene  the  general  assembly  by  proclama- 
tion. 


l8o  THE   GOVERNMENT  OF   IOWA. 

Representatives.  Sec.  3.  The  members  of  the  house  of  representa- 
tives shall  be  chosen  every  second  year,  by  the  qualified  electors  of 
their  respective  districts,  on  the  second  Tuesday  in  October,  except  the 
years  of  the  presidential  election,  when  the  election  shall  be  on  the 
Tuesday  next  after  the  first  Monday  in  November,  and  their  term  of 
office  shall  commence  on  the  first  day  of  January  next  after  their 
election,  and  continue  two  years,  and  until  their  successors  are  elected 
and  qualified. 

[By  the  amendment  (Sec.  7)  inserted  at  the  end  of  article  2  the 
election  occurs  in  November  until  the  general  assembly  sets  another 
time.] 

Eligibility.  Sec.  4.  No  person  shall  be  a  member  of  the  house  of 
representatives  who  shall  not  have  attained  the  age  of  twenty-one 
years ;  be  a  male  citizen  of  the  United  States,  and  shall  have  been  an 
inhabitant  of  this  state  one  year  next  preceding  his  election,  and  at 
the  time  of  his  election  shall  have  had  an  actual  residence  of  sixty  days 
in  the  county  or  district  he  may  have  been  chosen  to  represent. 

[By  an  amendment  to  the  constitution  properly  proposed  (17  G.  A., 
joint  res.  No.  5 ;  18  G.  A.,  joint  res.  No.  6),  and  adopted  by  vote  of 
the  electors  at  the  general  election  in  1880,  the  words  "  free  white  " 
were  stricken  from  the  second  line  of  this  section.] 

Senators.  Sec.  5.  Senators  shall  be  chosen  for  the  term  of  four 
years,  at  the  same  time  and  place  as  representatives ;  they  shall  be 
twenty-five  years  of  age,  and  possess  the  qualifications  of  representa- 
tives as  to  residence  and  citizenship. 

Number  and  classification.  Sec.  6.  The  number  of  senators  shall 
not  be  less  than  one-third  nor  more  than  one-half  the  representative 
body ;  and  shall  be  so  classified  by  lot  that  one  class,  being  as  nearly 
one-half  as  possible,  shall  be  elected  every  two  years.  When  the 
number  of  senators  is  increased,  they  shall  be  annexed  by  lot  to  one 
or  the  other  of  the  two  classes,  so  as  to  keep  them  as  nearly  equal  in 
numbers  as  practicable. 

Elections  determined.  Sec.  7.  Each  house  shall  choose  its  own 
officers,  and  judge  of  the  qualification,  election,  and  return  of  its  own 
members.  A  contested  election  shall  be  determined  in  such  manner 
as  shall  be  directed  by  law. 


APPENDIX.  l8l 

Quorum.  Sec.  8.  A  majority  of  each  house  shall  constitute  a 
quorum  to  transact  business  ;  but  a  smaller  number  may  adjourn  from 
day  to  day,  and  may  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each  house  may  provide. 

Authority  of  the  houses.  Sec.  9.  Each  house  shall  sit  upon  its  own 
adjournments,  keep  a  journal  of  its  proceedings,  and  publish  the  same  ; 
determine  its  rules  of  proceedings,  punish  members  for  disorderly 
behavior,  and  with  the  consent  of  two-thirds,  expel  a  member,  but  not 
a  second  time  for  the  same  offense ;  and  shall  have  all  other  powers 
necessary  for  a  branch  of  the  general  assembly  of  a  free  and  independ- 
ent state. 

Protest.  Sec.  10.  Every  member  of  the  general  assembly  shall 
have  the  liberty  to  dissent  from  or  protest  against  any  act  or  reso- 
lution which  he  may  think  injurious  to  the  public  or  an  individual, 
and  have  the  reasons  for  his  dissent  entered  on  the  journals ;  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall, 
at  the  desire  of  any  two  members  present,  be  entered  on  the  journals. 

Privilege.  Sec.  11.  Senators  and  representatives,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  shall  be  privileged  from 
arrest  during  the  session  of  the  general  assembly,  and  in  going  to  or 
returning  from  the  same. 

Vacancies.  Sec.  12.  When  vacancies  occur  in  either  house,  the 
governor,  or  the  person  exercising  the  functions  of  governor,  shall  issue 
writs  of  election  to  fill  such  vacancies. 

Doors  open.  Sec.  13.  The  doors  of  each  house  shall  be  open,  ex- 
cept on  such  occasions  as,  in  the  opinion  of  the  house,  may  require 
secrecy. 

Adjournments.  Sec.  14.  Neither  house  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  they  may  be  sitting. 

Bills.  Sec.  15.  Bills  may  originate  in  either  house,  and  may  be 
amended,  altered,  or  rejected  by  the  other;  and  every  bill  having 
passed  both  houses,  shall  be  signed  by  the  speaker  and  president  of 
their  respective  houses. 


182  THE   GOVERNMENT   OF   IOWA. 

Approval.  Sec.  16.  Every  bill  which  shall  have  passed  the  general 
assembly,  shall,  before  it  becomes  a  law,  be  presented  to  the  governor. 
If  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  originated,  which  shall  enter  the 
same  upon  their  journal,  and  proceed  to  reconsider  it;  if,  after  such 
reconsideration,  it  again  pass  both  houses,  by  yeas  and  nays,  by  a 
majority  of  two-thirds  of  the  members  of  each  house,  it  shall  become 
a  law,  notwithstanding  the  governor's  objections.  If  any  bill  shall 
not  be  returned  within  three  days  after  it  shall  have  been  presented 
to  him  (Sunday  excepted),  the  same  shall  be  a  law  in  like  manner  as 
if  he  had  signed  it,  unless  the  general  assembly,  by  adjournment, 
prevent  such  return.  Any  bill  submitted  to  the  governor  for  his 
approval  during  the  last  three  days  of  a  session  of  the  general  assem- 
bly, shall  be  deposited  by  him  in  the  office  of  the  secretary  of  state 
within  thirty  days  after  the  adjournment,  with  his  approval,  if  ap- 
proved by  him,  and  with  his  objections,  if  he  disapproves  thereof. 

Majority  vote.  Sec.  17.  No  bill  shall  be  passed  unless  by  the 
assent  of  a  majority  of  all  the  members  elected  to  each  branch  of  the 
general  assembly,  and  the  question  upon  the  final  passage  shall  be 
taken  immediately  upon  its  last  reading,  and  the  yeas  and  nays 
entered  on  the  journal. 

Receipts  and  expenditures.  Sec.  18.  An  accurate  statement  of  the 
receipts  and  expenditures  of  the  public  money  shall  be  attached  to 
and  published  with  the  laws  at  every  regular  session  of  the  general 
assembly. 

Impeachment.  Sec.  19.  The  house  of  representatives  shall  have 
the  sole  power  of  impeachment,  and  all  impeachments  shall  be  tried 
by  the  senate.  When  sitting  for  that  purpose,  the  senators  shall  be 
upon  oath  or  affirmation ;  and  no  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  present. 

Who  liable  to ;  judgment.  Sec.  20.  The  governor,  judges  of  the 
supreme  and  district  courts,  and  other  state  officers,  shall  be  liable  to 
impeachment  for  any  misdemeanor  or  malfeasance  in  office;  but 
judgment  in  such  cases  shall  extend  only  to  removal  from  office,  and 
disqualification  to  hold  any  office  of  honor,  trust,  or  profit  under  this 
state;    but  the  party  convicted  or  acquitted  shall  nevertheless  be 


APPENDIX.  183 

liable  to  indictment,  trial,  and  punishment  according  to  law.  All 
other  civil  officers  shall  be  tried  for  misdemeanors  and  malfeasance  in 
office,  in  such  manner  as  the  general  assembly  may  provide. 

Members  not  appointed  to  office.  Sec.  21.  No  senator  or  repre- 
sentative shall,  during  the  time  for  which  he  shall  have  been  elected, 
be  appointed  to  any  civil  office  of  profit  under  this  state,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been  in- 
creased during  such  term,  except  such  offices  as  may  be  filled  by 
elections  by  the  people. 

Disqualification.  Sec.  22.  No  person  holding  any  lucrative  office 
under  the  United  States,  or  this  state,  or  any  other  power,  shall  be 
eligible  to  hold  a  seat  in  the  general  assembly.  But  offices  in  the 
militia,  to  which  there  is  attached  no  annual  salary,  or  the  office  of 
justice  of  the  peace,  or  postmaster,  whose  compensation  does  not 
exceed  one  hundred  dollars  per  annum,  or  notary  public,  shall  not  be 
deemed  lucrative. 

Failure  to  account.  Sec.  23.  No  person  who  may  hereafter  be  a 
collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either  house 
of  the  general  assembly,  or  be  eligible  to  hold  any  office  of  trust  or 
profit  in  this  state,  until  he  shall  have  accounted  for  and  paid  into 
the  treasury  all  sums  for  which  he  may  be  liable. 

Money  drawn.  Sec.  24.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations  made  by  law. 

Compensation  of  members.  Sec.  25.  Each  member  of  the  first 
general  assembly  under  this  constitution  shall  receive  three  dollars 
per  diem  while  in  session ;  and  the  further  sum  of  three  dollars  for 
every  twenty  miles  traveled  in  going  to  and  returning  from  the  place 
where  such  session  is  held,  by  the  nearest  traveled  route ;  after  which 
they  shall  receive  such  compensation  as  shall  be  fixed  by  law ;  but  no 
general  assembly  shall  have  the  power  to  increase  the  compensation 
of  its  members.  And  when  convened  in  extra  session  they  shall  receive 
the  same  mileage  and  per  diem  compensation  as  fixed  by  law  for  the 
regular  session,  and  none  other. 

Laws,  when  to  take  effect ;  publication.  Sec.  26.  No  law  of  the 
general  assembly,  passed  at  a  regular  session,  of  a  public  nature,  shall 


184  THE   GOVERNMENT   OF   IOWA. 

take  effect  until  the  fourth  day  of  July  next,  after  the  passage  thereof. 
Laws  passed  at  a  special  session  shall  take  effect  ninety  days  after 
the  adjournment  of  the  general  assembly  by  which  they  were  passed. 
If  the  general  assembly  shall  deem  any  law  of  immediate  importance, 
they  may  provide  that  the  same  shall  take  effect  by  publication  in 
newspapers  in  the  state. 

Divorce.    Sec.   27.     No  divorce  shall  be  granted  by  the  general 

assembly. 

Lotteries.  Sec.  28.  No  lottery  shall  be  authorized  by  this  state ; 
nor  shall  the  sale  of  lottery  tickets  be  allowed. 

Acts ;  one  subject ;  expressed  in  title.  Sec.  29.  Every  act  shall 
embrace  but  one  subject,  and  matters  properly  connected  therewith ; 
which  subject  shall  be  expressed  in  the  title.  But  if  any  subject  shall 
be  embraced  in  an  act  which  shall  not  be  expressed  in  the  title,  such 
act  shall  be  void  only  as  to  so  much  thereof  as  shall  not  be  expressed 
in  the  title. 

Local  or  special  laws.  Sec.  30.  The  general  assembly  shall  not  pass 
local  or  special  laws  in  the  following  cases : 

For  the  assessment  and  collection  of  taxes  for  state,  county,  or  road 

purposes; 
For  laying  out,  opening,  and  working  roads  or  highways ; 
For  changing  the  names  of  persons ; 
For  the  incorporation  of  cities  and  towns ; 

For  vacating  roads,  town  plats,  streets,  alleys,  or  public  squares ; 
For  locating  or  changing  county  seats. 

Laws  general  and  uniform ;  boundaries  of  counties.  In  all  the 
cases  above  enumerated,  and  in  all  other  cases  where  a  general  law 
can  be  made  applicable,  all  laws  shall  be  general,  and  of  uniform 
operation  throughout  the  state ;  and  no  law  changing  the  boundary 
lines  of  any  county  shall  have  effect  until  upon  being  submitted  to 
the  people  of  the  counties  affected  by  the  change,  at  a  general  election, 
it  shall  be  approved  by  a  majority  of  the  votes  in  each  county,  cast 
for  and  against  it. 

Extra  compensation.  Sec.  31.  No  extra  compensation  shall  be 
made  to  any  officer,  public  agent,  or  contractor,  after  the  service  shall. 


APPENDIX.  185 

have  been  rendered,  or  the  contract  entered  into;  nor  shall  any 
money  be  paid  on  any  claim,  the  subject-matter  of  which  shall  not 
have  been  provided  for  by  pre-existing  laws,  and  no  public  money  or 
property  shall  be  appropriated  for  local  or  private  purposes,  unless 
such  appropriation,  compensation,  or  claim  be  allowed  by  two-thirds 
of  the  members  elected  to  each  branch  of  the  general  assembly. 

Oath  of  members.  Sec.  32.  Members  of  the  general  assembly  shall, 
before  they  enter  upon  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation :  "  I  do  solemnly  swear 
(or  affirm,  as  the  case  may  be),  that  I  will  support  the  constitution  of 
the  United  States,  and  the  constitution  of  the  state  of  Iowa,  and  that 
I  will  faithfully  discharge  the  duties  of  senator  (or  representative,  as 
the  case  may  be),  according  to  the  best  of  my  ability."  And  members 
of  the  general  assembly  are  hereby  empowered  to  administer  to  each 
other  the  said  oath  or  affirmation. 

Census.  Sec.  33.  The  general  assembly  shall,  in  the  years  one 
thousand  eight  hundred  and  fifty-nine,  one  thousand  eight  hundred 
and  sixty-three,  one  thousand  eight  hundred  and  sixty-five,  one  thou- 
sand eight  hundred  and  sixty-seven,  one  thousand  eight  hundred  and 
sixty-nine,  and  one  thousand  eight  hundred  and  seventy-five,  and 
every  ten  years  thereafter,  cause  an  enumeration  to  be  made  of  all 
the  inhabitants  of  the  state. 

[By  proper  legislative  action  (n  G.  A.,  chap.  98,  and  12  G.  A.,  joint 
res.  No.  XI),  a  proposed  amendment  striking  the  word  "  white  "  from 
this  section,  as  it  originally  stood,  was  submitted  to  the  electors  at  the 
general  election  of  1868  and  adopted.] 

Apportionment.  Sec.  34.  The  senate  shall  be  composed  of  fifty 
members  to  be  elected  from  the  several  senatorial  districts,  established 
by  law  and  at  the  next  session  of  the  general  assembly  held  following 
the  taking  of  the  state  and  national  census,  they  shall  be  apportioned 
among  the  several  counties  or  districts  of  the  state,  according  to 
population  as  shown  by  the  last  preceding  census. 

Districts.  Sec.  35.  The  house  of  representatives  shall  consist  of  not 
more  than  one  hundred  and  eight  members.  The  ratio  of  representa- 
tion shall  be  determined  by  dividing  the  whole  number  of  the  popu- 
lation of  the  state  as  shown  by  the  last  preceding  state  or  national 


l86  THE   GOVERNMENT    OF    IOWA. 

census,  by  the  whole  number  of  counties  then  existing  or  organized, 
but  each  county  shall  constitute  one  representative  district  and  be 
entitled  to  one  representative,  but  each  county  having  a  population 
in  excess  of  the  ratio  number,  as  herein  provided  of  three-fifths  or 
more  of  such  ratio  number  shall  be  entitled  to  one  additional  repre- 
sentative, but  said  addition  shall  extend  only  to  the  nine  counties 
having  the  greatest  population. 

Ratio  of  representation.  Sec.  36.  The  general  assembly  shall,  at 
the  first  regular  session  held  following  the  adoption  of  this  amend- 
ment, and  at  each  succeeding  regular  session  held  next  after  the 
taking  of  such  census,  fix  the  ratio  of  representation,  and  apportion 
the  additional  representatives,  as  hereinbefore  required. 

*  [By  proper  legislative  action  (29  G.  A.,  joint  res.  No.  2  and  30 
G.  A.,  joint  res.  No.  2)  a  proposed  amendment  repealing  sections  34, 
35  and  36  of  Article  III  and  adopting  the  three  preceding  sections  in 
lieu  thereof,  was  submitted  to  the  electors  at  the  general  election  in 
1904  and  adopted.     The  three  sections  repealed  were  as  follows: 

t  "  Apportionment.  Sec.  34.  The  number  of  senators  shall,  at  the 
next  session  following  each  period  of  making  such  enumeration,  and 
the  next  session  following  each  United  States  census,  be  fixed  by  law, 
and  apportioned  among  the  several  counties  according  to  the  number 
of  inhabitants  in  each. 

t  "  Districts.  Sec.  35.  The  senate  shall  not  consist  of  more  than 
fifty  members,  nor  the  house  of  representatives  of  more  than  one 
hundred ;  and  they  shall  be  apportioned  among  the  several  counties 
and  representative  districts  of  the  state  according  to  the  number  of 
inhabitants  in  each,  upon  ratios  to  be  fixed  by  law ;  but  no  represent- 
ative district  shall  contain  more  than  four  organized  counties,  and 
each  district  shall  be  entitled  to  at  least  one  representative.  Every 
county  and  district  which  shall  have  a  number  of  inhabitants  equal 
to  one-half  of  the  ratio  fixed  by  law,  shall  be  entitled  to  one  represent- 
ative, and  any  one  county  containing  in  addition  to  the  ratio  fixed 
by  law  one-half  of  that  number,  or  more,  shall  be  entitled  to  one 
additional  representative.  No  floating  district  shall  hereafter  be 
formed. 


*The  vote  on  the  amendment  was  171,382  for  and  165,076  against  its  adoption. 
Practically  the  same  amendment  was,  by  proper  legislative  action  (26  G.  A.,  joint 
res.  No.  9  and  27  G.  A.,  joint  res.  No.  1)  submitted  to  the  electors  at  the  general 
election  in  1898  and  was  rejected,  the  vote  being  33,872  for  and  76,931  against  its 
adoption. 

t  By  proper  legislative  action  (n  G.  A.,  chap.  98  and  12  G.  A.  joint  res.  No.  XI) 
a  proposed  amendment  striking  the  word  "white"  from  this  section,  as  it  originally 
stood,  was  submitted  to  the  electors  at  the  general  election,  in  1868  and  adopted. 


APPENDIX.  187 

"  Ratio  of  representation.  Sec.  36.  At  its  first  session  under  this 
constitution,  and  at  every  subsequent  regular  session,  the  general 
assembly  shall  fix  the  ratio  of  representation,  and  also  form  into 
representative  districts  those  counties  which  will  not  be  entitled  singly 
to  a  representative."] 

Districts.  Sec.  37.  When  a  congressional,  senatorial,  or  represent- 
ative district  shall  be  composed  of  two  or  more  counties,  it  shall  not 
be  entirely  separated  by  any  county  belonging  to  another  district ; 
and  no  county  shall  be  divided  in  forming  a  congressional,  senatorial, 
or  representative  district. 

Elections  by  general  assembly.  Sec.  38.  In  all  elections  by  the 
general  assembly,  the  members  thereof  shall  vote  viva  voce ;  and  the 
vote  shall  be  entered  on  the  journal. 

ARTICLE  IV.  —  EXECUTIVE  DEPARTMENT. 

Governor.  Section  1.  The  supreme  executive  power  of  this  state 
shall  be  vested  in  a  chief  magistrate,  who  shall  be  styled  the  governor 
of  the  state  of  Iowa. 

Election  and  term.  Sec.  2.  The  governor  shall  be  elected  by  the 
qualified  electors  at  the  time  and  place  of  voting  for  members  of  the 
general  assembly,  and  shall  hold  his  office  two  years  from  the  time  of 
his  installation,  and  until  his  successor  is  elected  and  qualified. 

Lieutenant-governor;  returns  of  elections.  Sec.  3.  There  shall  be 
a  lieutenant-governor,  who  shall  hold  his  office  two  years,  and  be 
elected  at  the  same  time  as  the  governor.  In  voting  for  governor  and 
lieutenant-governor,  the  electors  shall  designate  for  whom  they  vote 
as  governor,  and  for  whom  as  lieutenant-governor.  The  returns  of 
every  election  for  governor  and  lieutenant-governor,  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  of  the  state,  directed 
to  the  speaker  of  the  house  of  representatives,  who  shall  open  and 
publish  them  in  the  presence  of  both  houses  of  the  general  assembly. 

Election  by  general  assembly.  Sec.  4.  The  persons  respectively 
having  the  highest  number  of  votes,  for  governor  and  lieutenant- 
governor,  shall  be  declared  duly  elected ;  but  in  case  two  or  more 
persons  shall  have  an  equal,  and  the  highest  number  of  votes  for  either 
office,  the  general  assembly  shall,  by  joint  vote,  forthwith  proceed  to 


188  THE   GOVERNMENT    OF   IOWA. 

elect  one  of  said  persons  governor,  or  lieutenant-governor,  as  the  case 
may  be. 

Contested  elections.  Sec.  5.  Contested  elections  for  governor,  or 
lieutenant-governor,  shall  be  determined  by  the  general  assembly  in 
such  manner  as  may  be  prescribed  by  law. 

Eligibility.  Sec.  6.  No  person  shall  be  eligible  to  the  office  of  gov- 
ernor, or  lieutenant-governor,  who  shall  not  have  been  a  citizen  of 
the  United  States,  and  a  resident  of  the  state  two  years  next  preced- 
ing the  election,  and  attained  the  age  of  thirty  years  at  the  time  of 
said  election. 

Commander-in-chief.  Sec.  7.  The  governor  shall  be  commander- 
in-chief  of  the  militia,  the  army,  and  navy  of  this  state. 

Duties.  Sec.  8.  He  shall  transact  all  executive  business  with  the 
officers  of  government,  civil  and  military,  and  may  require  information 
in  writing  from  the  officers  of  the  executive  department  upon  any 
subject  relating  to  the  duties  of  their  respective  offices. 

Execution  of  laws.  Sec.  9.  He  shall  take  care  that  the  laws  are 
faithfully  executed. 

Vacancies.  Sec.  10.  When  any  office  shall,  from  any  cause,  become 
vacant,  and  no  mode  is  provided  by  the  constitution  and  laws  for 
filling  such  vacancy,  the  governor  shall  have  power  to  fill  such  vacancy, 
by  granting  a  commission,  which  shall  expire  at  the  end  of  the  next 
session  of  the  general  assembly,  or  at  the  next  election  by  the  people. 

Convening  assembly.  Sec.  n.  He  may,  on  extraordinary  occa- 
sions, convene  the  general  assembly  by  proclamation,  and  shall  state 
to  both  houses,  when  assembled,  the  purpose  for  which  they  shall 
have  been  convened. 

Message.  Sec.  12.  He  shall  communicate,  by  message,  to  the 
general  assembly,  at  every  regular  session,  the  condition  of  the  state, 
and  recommend  such  matters  as  he  shall  deem  expedient. 

Adjournment.  Sec.  13.  In  case  of  disagreement  between  the  two 
houses  with  respect  to  the  time  of  adjournment,  the  governor  shall 
have  power  to  adjourn  the  general  assembly  to  such  time  as  he  may 


APPENDIX.  189 

think  proper;    but  no  such  adjournment  shall  be  beyond  the  time 
fixed  for  the  regular  meeting  of  the  next  general  assembly. 

Disqualification.  Sec.  14.  No  person  shall,  while  holding  any  office 
under  the  authority  of  the  United  States,  or  this  state,  execute  the 
office  of  governor,  or  lieutenant-governor,  except  as  hereinafter  ex- 
pressly provided. 

Term;  compensation  of  lieutenant-governor.  Sec.  15.  The  official 
term  of  governor  and  lieutenant-governor,  shall  commence  on  the 
second  Monday  of  January  next  after  their  election,  and  continue  for 
two  years,  and  until  their  successors  are  elected  and  qualified.  The 
lieutenant-governor,  while  acting  as  governor,  shall  receive  the  same 
pay  as  provided  for  governor ;  and  while  presiding  in  the  senate,  shall 
receive  as  compensation  therefor,  the  same  mileage  and  double  the 
per  diem  pay  provided  for  a  senator,  and  none  other. 

Pardons.  Sec.  16.  The  governor  shall  have  power  to  grant  re- 
prieves, commutations  and  pardons,  after  conviction,  for  all  offenses 
except  treason  and  cases  of  impeachment,  subject  to  such  regulations 
as  may  be  provided  by  law.  Upon  conviction  for  treason,  he  shall 
have  power  to  suspend  the  execution  of  the  sentence  until  the  case 
shall  be  reported  to  the  general  assembly  at  its  next  meeting,  when 
the  general  assembly  shall  either  grant  a  pardon,  commute  the  sen- 
tence, direct  the  execution  of  the  sentence,  or  grant  a  further  reprieve. 
He  shall  have  power  to  remit  fines  and  forfeitures,  under  such  regu- 
lations as  may  be  prescribed  by  law ;  and  shall  report  to  the  general 
assembly,  at  its  next  meeting,  each  case  of  reprieve,  commutation,  or 
pardon  granted,  and  the  reasons  therefor;  and  also  all  persons  in 
whose  favor  remission  of  fines  and  forfeitures  shall  have  been  made, 
and  the  several  amounts  remitted. 

Lieutenant-governor  to  act  as  governor.  Sec.  17.  In  case  of  the 
death,  impeachment,  resignation,  removal  from  office,  or  other  dis- 
ability of  the  governor,  the  powers  and  duties  of  the  office  for  the 
residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the  disability 
removed,  shall  devolve  upon  the  lieutenant-governor. 

President  of  senate.  Sec.  18.  The  lieutenant-governor  shall  be 
president  of  the  senate,  but  shall  only  vote  when  the  senate  is  equally 


190  THE   GOVERNMENT   OF   IOWA. 

divided;  and  in  case  of  his  absence,  or  impeachment,  or  when  he 
shall  exercise  the  office  of  governor,  the  senate  shall  choose  a  president 
pro  tempore. 

Vacancies.  Sec.  19.  If  the  lieutenant-governor,  while  acting  as 
governor,  shall  be  impeached,  displaced,  resign,  or  die,  or  otherwise 
become  incapable  of  performing  the  duties  of  the  office,  the  president 
pro  tempore  of  the  senate  shall  act  as  governor  until  the  vacancy  is 
filled,  or  the  disability  removed ;  and  if  the  president  of  the  senate, 
for  any  of  the  above  causes,  shall  be  rendered  incapable  of  performing 
the  duties  pertaining  to  the  office  of  governor,  the  same  shall  devolve 
upon  the  speaker  of  the  house  of  representatives. 

Seal  of  state.  Sec.  20.  There  shall  be  a  seal  of  this  state,  which 
shall  be  kept  by  the  governor,  and  used  by  him  officially,  and  shall  be 
called  the  great  seal  of  the  state  of  Iowa. 

Grants  and  commissions.  Sec.  21.  All  grants,  and  commissions 
shall  be  in  the  name  and  by  the  authority  of  the  people  of  the  state 
of  Iowa,  sealed  with  the  great  seal  of  the  state,  signed  by  the  governor, 
and  countersigned  by  the  secretary  of  state. 

Secretary,  auditor  and  treasurer.  Sec.  22.  A  secretary  of  state, 
auditor  of  state,  and  treasurer  of  state,  shall  be  elected  by  the  qualified 
electors,  who  shall  continue  in  office  two  years,  and  until  their  suc- 
cessors are  elected  and  qualified ;  and  perform  such  duties  as  may  be 
required  by  law. 

ARTICLE  V.— JUDICIAL  DEPARTMENT. 

Courts.  Section  1.  The  judicial  power  shall  be  vested  in  a  supreme 
court,  district  court,  and  such  other  courts,  inferior  to  the  supreme 
court,  as  the  general  assembly  may,  from  time  to  time,  establish. 

Supreme  court.  Sec.  2.  The  supreme  court  shall  consist  of  three 
judges,  two  of  whom  shall  constitute  a  quorum  to  hold  court. 

[As  to  the  number  of  judges,  see  statutory  provisions.] 

Judges  elected.  Sec.  3.  The  judges  of  the  supreme  court  shall  be 
elected  by  the  qualified  electors  of  the  state,  and  shall  hold  their  court 
at  such  time  and  place  as  the  general  assembly  may  prescribe.    The 


APPENDIX.  191 

judges  of  the  supreme  court  so  elected,  shall  be  classified  so  that  one 
judge  shall  go  out  of  office  every  two  years;  and  the  judge  holding 
the  shortest  term  of  office  under  such  classification,  shall  be  chief 
justice  of  the  court  during  his  term,  and  so  on  in  rotation.  After  the 
expiration  of  their  terms  of  office,  under  such  classification,  the  term 
of  each  judge  of  the  supreme  court  shall  be  six  years,  and  until  his 
successor  shall  have  been  elected  and  qualified.  The  judges  of  the 
supreme  court  shall  be  ineligible  to  any  other  office  in  the  state, 
during  the  term  for  which  they  shall  have  been  elected. 

Jurisdiction.  Sec.  4.  The  supreme  court  shall  have  appellate  juris- 
diction only  in  cases  in  chancery,  and  shall  constitute  a  court  for  the 
correction  of  errors  at  law,  under  such  restrictions  as  the  general 
assembly  may  by  law  prescribe ;  and  shall  have  power  to  issue  all 
writs  and  process  necessary  to  secure  justice  to  parties,  and  exercise 
a  supervisory  control  over  all  inferior  judicial  tribunals  throughout 
the  state. 

District  court  and  judge.  Sec.  5.  The  district  court  shall  consist  0/ 
a  single  judge,  who  shall  be  elected  by  the  qualified  electors  of  the 
district  in  which  he  resides.  The  judge  of  the  district  court  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  shall 
have  been  elected  and  qualified ;  and  shall  be  ineligible  to  any  other 
office,  except  that  of  judge  of  the  supreme  court,  during  the  term  for 
which  he  was  elected. 

Jurisdiction.  Sec.  6.  The  district  court  shall  be  a  court  of  law  and 
equity,  which  shall  be  distinct  and  separate  jurisdictions,  and  have 
jurisdiction  in  civil  and  criminal  matters  arising  in  their  respective 
districts,  in  such  manner  as  shall  be  prescribed  by  law. 

Conservators  of  the  peace.  Sec.  7.  The  judges  of  the  supreme  and 
district  courts  shall  be  conservators  of  the  peace  throughout  the  state. 

Style  of  process.  Sec.  8.  The  style  of  all  process  shall  be  "  The 
State  of  Iowa,"  and  all  prosecutions  shall  be  conducted  in  the  name 
and  by  the  authority  of  the  same. 

Salaries.  Sec.  9.  The  salary  of  each  judge  of  the  supreme  court 
shall  be  two  thousand  dollars  per  annum ;  and  that  of  each  district 
judge  one  thousand  six  hundred  dollars  per  annum,  until  the  year 


192  THE   GOVERNMENT   OF   IOWA. 

eighteen  hundred  and  sixty;  after  which  time  they  shall  severally 
receive  such  compensation  as  the  general  assembly  may,  by  law, 
prescribe ;  which  compensation  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected. 

Judicial  districts.  Sec.  10.  The  state  shall  be  divided  into  eleven 
judicial  districts ;  and  after  the  year  eighteen  hundred  and  sixty,  the 
general  assembly  may  reorganize  the  judicial  districts,  and  increase 
or  diminish  the  number  of  districts,  or  the  number  of  judges  of  the 
said  court,  and  may  increase  the  number  of  judges  of  the  supreme 
court ;  but  such  increase  or  diminution  shall  not  be  more  than  one 
district,  or  one  judge  of  either  court,  at  any  one  session ;  and  no 
reorganization  of  the  districts,  or  diminution  of  the  judges,  shall  have 
the  effect  of  removing  a  judge  from  office.  Such  reorganization  of 
the  districts,  or  any  change  in  the  boundaries  thereof,  or  any  increase 
or  diminution  of  the  number  of  judges,  shall  take  place  every  four 
years  thereafter,  if  necessary,  and  at  no  other  time. 

[Amendment.]  At  any  regular  session  of  the  general  assembly,  the 
state  may  be  divided  into  the  necessary  judicial  districts  for  district 
court  purposes,  or  the  said  districts  may  be  reorganized  and  the  number 
of  the  districts  and  the  judges  of  said  courts  increased  or  diminished ; 
but  no  reorganization  of  the  districts  or  diminution  of  the  judges  shall 
have  the  effect  of  removing  a  judge  from  office. 

[By  proper  legislative  action  (19  G.  A.,  joint  res.  No.  12  and  20 
G.  A.,  joint  res.  No.  13)  the  foregoing  was  submitted  to  the  electors  at 
the  general  election  in  1884  as  a  proposed  amendment  to  the  consti- 
tution, and  was  by  them  adopted.] 

When  chosen.  Sec.  n.  The  judges  of  the  supreme  and  district 
courts  shall  be  chosen  at  the  general  election ;  and  the  term  of  office 
of  each  judge  shall  commence  on  the  first  day  of  January  next  after 
his  election. 

Attorney-general.  Sec.  12.  The  general  assembly  shall  provide,  by 
law,  for  the  election  of  an  attorney-general  by  the  people,  whose  term  of 
office  shall  be  two  years,  and  until  his  successor  shall  have  been  elected 
and  qualified. 

County  attorney.  Sec.  13.  The  qualified  electors  of  each  county 
shall,  at  the  general  election  in  the  year  eighteen  hundred  and  eighty- 


APPENDIX.  193 

six,  and  every  two  years  thereafter  elect  a  county  attorney,  who  shall 
be  a  resident  of  the  county  for  which  he  is  elected,  and  shall  hold  his 
office  for  two  years,  and  until  his  successor  shall  have  been  elected  and 
qualified. 

[By  proper  legislative  action  (19  G.  A.,  joint  res.  No.  12  and  20 
G.  A.,  joint  res.  No.  13)  a  proposition  to  substitute  the  foregoing  for  the 
original  section  was  submitted  to  the  electors  at  the  general  election 
in  1884,  and  by  them  adopted.]     The  original  section  was  as  follows: 

Sec.  13.  The  qualified  electors  of  each  judicial  district  shall,  at  the 
time  of  the  election  of  the  district  judge,  elect  a  district  attorney,  who 
shall  be  a  resident  of  the  district  for  which  he  is  elected,  and  who  shall 
hold  his  office  for  the  term  of  four  years,  and  until  his  successor  shall 
have  been  elected  and  qualified.] 

Carrying  into  effect.  Sec.  14.  It  shall  be  the  duty  of  the  general 
assembly  to  provide  for  the  carrying  into  effect  of  this  article,  and  to 
provide  for  a  general  system  of  practice  in  all  the  courts  of  this  state. 

The  grand  jury.  Sec.  15.  The  grand  jury  may  consist  of  any 
number  of  members  not  less  than  five,  nor  more  than  fifteen,  as  the 
general  assembly  may  by  law  provide,  or  the  general  assembly  may 
provide  for  holding  persons  to  answer  for  any  criminal  offense  without 
the  intervention  of  the  grand  jury. 

[By  proper  legislative  action  (19  G.  A.r  joint  res.  No.  12  and  20  G.  A., 
joint  resolution  No.  13)  the  foregoing  was  submitted  to  the  electors 
at  the  general  election  in  1884  as  a  proposed  amendment  to  the  con- 
stitution, and  was  by  them  adopted.] 

ARTICLE  VI.  —  MILITIA. 

Who  constitute.  Section  1 .  The  militia  of  the  state  shall  be  com- 
posed of  all  able-bodied  male  citizens,  between  the  ages  of  eighteen  and 
forty-five  years,  except  such  as  are  or  may  hereafter  be  exempt  by  the 
laws  of  the  United  States,  or  of  this  state,  and  shall  be  armed, 
equipped  and  trained,  as  the  general  assembly  may  provide  by  law. 

[By  proper  legislative  action  (n  G.  A.,  chap.  98  and  12  G.  A.,  joint 
res.  No.  XI)  a  proposed  amendment  striking  the  word  "  white  "  from 
this  section,  as  it  originally  stood,  was  submitted  to  the  electors  at  the 
general  election  in  1868  and  adopted.] 


194  THE    GOVERNMENT    OF    IOWA. 

Exemption.  Sec.  2.  No  person  or  persons  conscientiously  scru- 
pulous of  bearing  arms  shall  be  compelled  to  do  military  duty  in  time 
of  peace :  provided  that  such  person  or  persons  shall  pay  an  equiva- 
lent for  such  exemption  in  the  same  manner  as  other  citizens. 

Officers.  Sec.  3.  All  commissioned  officers  of  the  militia  (staff 
officers  excepted)  shall  be  elected  by  the  persons  liable  to  perform 
military  duty,  and  shall  be  commissioned  by  the  governor. 

ARTICLE  VII. —  STATE  DEBTS. 

Credit  not  to  be  loaned.  Section  1.  The  credit  of  the  state  shall 
not,  in  any  manner,  be  given  or  loaned  to,  or  in  aid  of,  any  individual, 
association,  or  corporation ;  and  the  state  shall  never  assume,  or  be- 
come responsible  for  the  debts  or  liabilities  of  any  individual,  associa- 
tion, or  corporation,  unless  incurred  in  time  of  war  for  the  benefit  of 
the  state. 

Limitation.  Sec.  2.  The  state  may  contract  debts  to  supply  casual 
deficits  or  failures  in  revenues;  or  to  meet  expenses  not  otherwise 
provided  for;  but  the  aggregate  amount  of  such  debts,  direct  and 
contingent,  whether  contracted  by  virtue  of  one  or  more  acts  of  the 
general  assembly,  or  at  different  periods  of  time,  shall  never  exceed  the 
sum  of  two  hundred  and  fifty  thousand  dollars  ;  and  the  money  arising 
from  the  creation  of  such  debts  shall  be  applied  to  the  purpose  for 
which  it  was  obtained,  or  to  repay  the  debts  so  contracted,  and  to  no 
other  purpose  whatever. 

Losses  to  school  funds.  Sec.  3.  All  losses  to  the  permanent  school, 
or  university  fund  of  this  state,  which  shall  have  been  occasioned  by 
the  defalcation,  mismanagement,  or  fraud  of  the  agents  or  officers 
controlling  and  managing  the  same,  shall  be  audited  by  the  proper 
authorities  of  the  state.  The  amount  so  audited  shall  be  a  permanent 
funded  debt  against  the  state,  in  favor  of  the  respective  fund  sustaining 
the  loss,  upon  which  not  less  than  six  per  cent  annual  interest  shall 
be  paid.  The  amount  of  liability  so  created  shall  not  be  counted 
as  a  part  of  the  indebtedness  authorized  by  the  second  section  of  this 
article. 

War  debts.  Sec.  4.  In  addition  to  the  above  limited  power  to 
contract  debts,  the    state   may  contract  debts  to  repel  invasion, 


APPENDIX.  195 

suppress  insurrection,  or  defend  the  state  in  war;  but  the  money 
arising  from  the  debts  so  contracted  shall  be  applied  to  the  purpose  for 
which  it  was  raised,  or  to  repay  such  debts,  and  to  no  other  purpose 
whatever. 

Question  of  incurring  debt  submitted.  Sec.  5.  Except  the  debts 
hereinbefore  specified  in  this  article,  no  debt  shall  be  hereafter  con- 
tracted by,  or  on  behalf  of  this  state,  unless  such  debt  shall  be  author- 
ized by  some  law  for  some  single  work  or  object,  to  be  distinctly 
specified  therein;  and  such  law  shall  impose  and  provide  for  the 
collection  of  a  direct  annual  tax,  sufficient  to  pay  the  interest  on 
such  debt,  as  it  falls  due  and  also  to  pay  and  discharge  the  principal 
of  such  debt,  within  twenty  years  from  the  time  of  the  contracting 
thereof ;  but  no  such  law  shall  take  effect  until  at  a  general  election 
it  shall  have  been  submitted  to  the  people,  and  have  received  a  ma- 
jority of  all  the  votes  cast  for  and  against  it  at  such  election;  and  all 
money  raised  by  authority  of  such  law,  shall  be  applied  only  to  the 
specific  object  therein  stated,  or  to  the  payment  of  the  debt  created 
thereby ;  and  such  law  shall  be  published  in  at  least  one  newspaper  in 
each  county,  if  one  is  published  therein,  throughout  the  state,  for  three 
months  preceding  the  election  at  which  it  is  submitted  to  the  people. 

Legislature  may  repeal.  Sec.  6.  The  legislature  may,  at  any  time, 
after  the  approval  of  such  law  by  the  people,  if  no  debt  shall  have  been 
contracted  in  pursuance  thereof,  repeal  the  same  ;  and  may  at  any  time 
forbid  the  contracting  of  any  further  debt,  or  liability,  under  such  law  ; 
but  the  tax  imposed  by  such  law,  in  proportion  to  the  debt  or  liability 
which  may  have  been  contracted  in  pursuance  thereof,  shall  remain  in 
force  and  be  irrepealable,  and  be  annually  collected,  until  the  prin- 
cipal and  interest  are  fully  paid. 

Tax  imposed  distinctly  stated.  Sec.  7.  Every  law  which  imposes, 
continues,  or  revives  a  tax,  shall  distinctly  state  the  tax,  and  the  object 
to  which  it  is  to  be  applied ;  and  it  shall  not  be  sufficient  to  refer  to  any 
other  law  to  fix  such  tax  or  object. 

ARTICLE   VIII.  —  CORPORATIONS. 

How  created.  Section  1.  No  corporation  shall  be  created  by 
special  laws  ;  but  the  general  assembly  shall  provide  by  general  laws, 


196  THE   GOVERNMENT   OF   IOWA. 

for  the  organization  of  all  corporations  hereafter  to  be  created,  except 
as  hereinafter  provided. 

Property  taxable.  Sec.  2.  The  property  of  all  corporations  for 
pecuniary  profit  shall  be  subject  to  taxation  the  same  as  that  of  in- 
dividuals. 

State  not  to  be  a  stockholder.  Sec.  3.  The  state  shall  not  become 
a  stockholder  in  any  corporation,  nor  shall  it  assume  or  pay  the  debt  or 
liability  of  any  corporation,  unless  incurred  in  time  of  war  for  the 
benefit  of  the  state. 

Municipal  corporation.  Sec.  4.  No  political  or  municipal  corpo- 
ration shall  become  a  stockholder  in  any  banking  corporation,  directly 
or  indirectly. 

Act  creating  banking  associations.  Sec.  5.  No  act  of  the  general 
assembly,  authorizing  or  creating  corporations  or  associations  with 
banking  powers,  nor  amendments  thereto,  shall  take  effect,  or  in  any 
manner  be  in  force,  until  the  same  shall  have  been  submitted,  sepa- 
rately, to  the  people,  at  a  general  or  special  election,  as  provided  by 
law,  to  be  held  not  less  than  three  months  after  the  passage  of  the 
act,  and  shall  have  been  approved  by  a  majority  of  all  the  electors 
voting  for  and  against  it  at  such  election. 

State  bank.  Sec.  6.  Subject  to  the  provisions  of  the  foregoing 
section,  the  general  assembly  may  also  provide  for  the  establishment 
of  a  state  bank  with  branches. 

Specie  basis.  Sec.  7.  If  a  state  bank  be  established,  it  shall  be 
founded  on  an  actual  specie  basis,  and  the  branches  shall  be  mutually 
responsible  for  each  other's  liabilities  upon  all  notes,  bills  and  other 
issues  intended  for  circulation  as  money. 

General  banking  law.  Sec.  8.  If  a  general  banking  law  shall  be 
enacted,  it  shall  provide  for  the  registry  and  countersigning,  by  an 
officer  of  state,  of  all  bills,  or  paper  credit  designed  to  circulate  as 
money,  and  require  security  to  the  full  amount  thereof,  to  be  deposited 
with  the  state  treasurer,  in  United  States  stocks,  or  in  interest-paying 
stocks  of  states  in  good  credit  and  standing,  to  be  rated  at  ten  per  cent 
below  their  average  value  in  the  city  of  New  York,  for  the  thirty  days 


APPENDIX.  197 

next  preceding  their  deposit ;  and  in  case  of  a  depreciation  of  any 
portion  of  such  stocks,  to  the  amount  of  ten  per  cent  on  the  dollar,  the 
bank  or  banks  owning  said  stock  shall  be  required  to  make  up  said 
deficiency  by  depositing  additional  stocks  ;  and  said  law  shall  also  pro- 
vide for  the  recording  of  the  names  of  all  stockholders  in  such  cor- 
porations, the  amount  of  stock  held  by  each,  the  time  of  any  transfer, 
and  to  whom. 

Stockholders  responsible.  Sec.  9.  Every  stockholder  in  a  banking 
corporation  or  institution  shall  be  individually  responsible  and  liable 
to  its  creditors,  over  and  above  the  amount  of  stock  by  him  or  her 
held,  to  an  amount  equal  to  his  or  her  respective  shares  so  held,  for  all 
its  liabilities  accruing  while  he  or  she  remains  such  stockholder. 

Bill-holders  preferred.  Sec.  10.  In  case  of  the  insolvency  of  any 
banking  institution,  the  bill-holders  shall  have  a  preference  over  its 
other  creditors. 

Suspension  of  specie  payments.  Sec.  n.  The  suspension  of 
specie  payments  by  banking  institutions  shall  never  be  permitted  or 
sanctioned. 

Amendment  or  repeal  of  charters;  exclusive  privileges.  Sec.  12. 
Subject  to  the  provisions  of  this  article,  the  general  assembly  shall 
have  power  to  amend  or  repeal  all  laws  for  the  organization  or  creation 
of  corporations,  or  granting  of  special  or  exclusive  privileges  or  im- 
munities, by  a  vote  of  two-thirds  of  each  branch  of  the  general  as- 
sembly ;  and  no  exclusive  privileges,  except  as  in  this  article  provided, 
shall  ever  be  granted. 

ARTICLE  IX.  —  EDUCATION  AND  SCHOOL  LANDS. 

1.  — EDUCATION. 

Board  of  education.  Section  1.  The  educational  interest  of  the 
state,  including  common  schools  and  other  educational  institutions, 
shall  be  under  the  management  of  a  board  of  education,  which  shall 
consist  of  the  lieutenant-governor,  who  shall  be  the  presiding  officer 
of  the  board,  and  have  the  casting  vote  in  case  of  a  tie,  and  one 
member  elected  from  each  judicial  district  in  the  state. 


198  THE   GOVERNMENT   OF   IOWA. 

Who  eligible.  Sec.  2.  No  person  shall  be  eligible  as  a  member  of 
said  board  who  shall  not  have  attained  the  age  of  twenty-five  years, 
and  shall  have  been  one  year  a  citizen  of  the  state. 

How  elected.  Sec.  3.  One  member  of  said  board  shall  be  chosen 
by  the  qualified  electors  of  each  district,  and  shall  hold  the  office  for 
the  term  of  four  years,  and  until  his  successor  is  elected  and  qualified. 
After  the  first  election  under  this  constitution,  the  board  shall  be 
divided,  as  nearly  as  practicable,  into  two  equal  classes,  and  the  seats 
of  the  first  class  thall  be  vacated  after  the  expiration  of  two  years  ;  and 
one-half  of  the  board  shall  be  chosen  every  two  years  thereafter. 

First  session.  Sec.  4.  The  first  session  of  the  board  of  education 
shall  be  held  at  the  seat  of  government,  on  the  first  Monday  of  De- 
cember, after  their  election  ;  after  which  the  general  assembly  may  fix 
the  time  and  place  of  meeting. 

Limited.  Sec.  5.  The  session  of  the  board  shall  be  limited  to 
twenty  days,  and  but  one  session  shall  be  held  in  any  one  year,  ex- 
cept upon  extraordinary  occasions,  when,  upon  the  recommendation 
of  two-thirds  of  the  board,  the  governor  may  order  a  special  session. 

Secretary.  Sec.  6.  The  board  of  education  shall  appoint  a  sec- 
retary, who  shall  be  the  executive  officer  of  the  board,  and  perform 
such  duties  as  may  be  imposed  upon  him  by  the  board,  and  the  laws  of 
the  state.  They  shall  keep  a  journal  of  their  proceedings,  which  shall 
be  published  and  distributed  in  the  same  manner  as  the  journals  of  the 
general  assembly. 

Rules  and  regulations.  Sec.  7.  All  rules  and  regulations  made 
by  the  board  shall  be  published  and  distributed  to  the  several  counties, 
townships,  and  school  districts,  cs  may  be  provided  for  by  the  board, 
and  when  so  made,  published,  and  distributed,  they  shall  have  the 
force  and  effect  of  law. 

Power  to  make.  Sec.  8.  The  board  of  education  shall  have  full  power 
and  authority  to  legislate  and  make  all  needful  rules  and  regulations 
in  relation  to  common  schools,  and  other  educational  institutions,  that 
are  instituted,  to  receive  aid  from  the  school  or  university  fund  of  this 
state ;  but  all  acts,  rules,  and  regulations  of  said  board  may  be  altered, 
amended,  or  repealed,  by  the  general  assembly;  and  when  so  altered, 


APPENDIX.  199 

amended,  or  repealed,  they  shall  not  be  re-enacted  by  the  board  of 
«ducation. 

Governor  ex-officio  a  member.  Sec.  9.  The  governor  of  the  state 
shall  be  ex-officio,  a  member  of  said  board. 

Expenses.  Sec.  10.  The  board  shall  have  no  power  to  levy  taxes, 
or  make  appropriations  of  money.  Their  contingent  expenses  shall 
be  provided  for  by  the  general  assembly. 

State  university.  Sec.  n.  The  state  university  shall  be  estab- 
lished at  one  place  without  branches  at  any  other  place,  and  the  uni- 
versity fund  shall  be  applied  to  that  institution,  and  no  other. 

Common  schools.  Sec.  12.  The  board  of  education  shall  provide 
for  the  education  of  all  the  youths  of  the  state,  through  a  system  of 
common  schools,  and  such  schools  shall  be  organized  and  kept  in  each 
school  district  at  least  three  months  in  each  year.  Any  district  fail- 
ing, for  two  consecutive  years,  to  organize  and  keep  up  a  school,  as 
aforesaid,  may  be  deprived  of  their  portion  of  the  school  fund. 

Compensation.  Sec.  13.  The  members  of  the  board  of  education 
shall  each  receive  the  same  per  diem  during  the  term  of  their  session, 
and  mileage  going  to  and  returning  therefrom,  as  members  of  the 
general  assembly. 

Quorum;  style  of  acts.  Sec.  14.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business ;  but  no  rule,  reg- 
ulation, or  law,  for  the  government  of  common  schools  or  other  edu- 
cational institutions  shall  pass  without  the  concurrence  of  a  majority 
of  all  the  members  of  the  board,  which  shall  be  expressed  by  the  yeas 
and  nays  on  the  final  passage.  The  style  of  all  acts  of  the  board  shall 
be,  "  Be  it  enacted  by  the  board  of  education  of  the  state  of  Iowa." 

Board  may  be  abolished.  Sec.  15.  At  any  time  after  the  year  one 
thousand  eight  hundred  and  sixty-three,  the  general  assembly  shall 
have  power  to  abolish  or  reorganize  said  board  of  education,  and 
provide  for  the  educational  interest  of  the  state  in  any  other  manner 
that  to  them  shall  seem  best  and  proper. 

[The  board  of  education  was  abolished  by  10th  G.  A.,  chap.  52, 
Sec.  1.] 


20O         THE  GOVERNMENT  OF  IOWA. 


2. —  SCHOOL  FUNDS  AND  SCHOOL  LANDS. 

Under  control  of  the  general  assembly.  Section  i.  The  educational 
and  school  fund  and  lands  shall  be  under  the  control  and  management 
of  the  general  assembly  of  this  state. 

Permanent  fund.  Sec.  2.  The  university  lands,  and  the  proceeds 
thereof,  and  all  moneys  belonging  to  said  fund  shall  be  a  permanent 
fund  for  the  sole  use  of  the  state  university.  The  interest  arising  from 
the  same  shall  be  annually  appropriated  for  the  support  and  benefit 
of  said  university. 

Lands  appropriated.  Sec.  3.  The  general  assembly  shall  encourage, 
by  all  suitable  means,  the  promotion  of  intellectual,  scientific,  moral, 
and  agricultural  improvement.  The  proceeds  of  all  lands  that  have 
"been,  or  hereafter  may  be,  granted  by  the  United  States  to  this  state, 
for  the  support  of  schools,  which  may  have  been  or  shall  hereafter  be 
sold,  or  disposed  of,  and  the  five  hundred  thousand  acres  of  land  granted 
to  the  new  states,  under  an  act  of  Congress,  distributing  the  proceeds 
of  the  public  lands  among  the  several  states  of  the  Union,  approved  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-one,  and 
all  estates  of  deceased  persons  who  may  have  died  without  leaving  a 
will  or  heir,  and  also  such  per  cent  as  has  been  or  may  hereafter  be 
granted  by  Congress,  on  the  sale  of  lands  in  this  state,  shall  be,  and 
remain  a  perpetual  fund,  the  interest  of  which,  together  with  all  rents 
of  the  unsold  lands,  and  such  other  means  as  the  general  assembly  may 
provide,  shall  be  inviolably  appropriated  to  the  support  of  common 
schools  throughout  the  state. 

Fines,  etc.,  how  appropriated.  Sec.  4.  The  money  which  may  have 
been  or  shall  be  paid  by  persons  as  an  equivalent  for  exemption  from 
military  duty,  and  the  clear  proceeds  of  all  fines  collected  in  the  several 
counties  for  any  breach  of  the  penal  laws,  shall  be  exclusively  applied 
in  the  several  counties  in  which  such  money  is  paid,  or  fine  collected, 
among  the  several  school  districts  of  said  counties,  in  proportion  to  the 
number  of  youths  subject  to  enumeration  in  such  districts,  to  the  sup- 
port of  common  schools,  or  the  establishment  of  libraries,  as  the  board 
of  education  shall  from  time  to  time  provide. 

[There  are  statutory  provisions  on  this  subject.] 


APPENDIX.  20I 

Proceeds  of  lands.  Sec.  5.  The  general  assembly  shall  take  meas- 
ures for  the  protection,  improvement,  or  other  disposition  of  such 
lands  as  have  been,  or  may  hereafter  be  reserved,  or  granted  by  the 
United  States,  or  any  person  or  persons  to  this  state,  for  the  use  of  the 
university,  and  the  funds  accruing  from  the  rents  or  sale  of  such  lands, 
or  from  any  other  source  for  the  purpose  aforesaid,  shall  be,  and  re- 
main, a  permanent  fund,  the  interest  of  which  shall  be  applied  to  the 
support  of  said  university,  for  the  promotion  of  literature,  the  arts  and 
sciences,  as  may  be  authorized  by  the  terms  of  such  grant.  And  it  shall 
be  the  duty  of  the  general  assembly,  as  soon  as  may  be,  to  provide 
effectual  means  for  the  improvement  and  permanent  security  of  the 
funds  of  said  university. 

Agents  of  school  funds.  Sec.  6.  The  financial  agents  of  the  school 
funds  shall  be  the  same  that,  by  law,  receive  and  control  the  state  and 
county  revenue,  for  other  civil  purposes,  under  such  regulations  as  may 
be  provided  by  law. 

Distribution.  Sec.  7.  The  money  subject  to  the  support  and  main- 
tenance of  common  schools  shall  be  distributed  to  the  districts  in 
proportion  to  the  number  of  youths,  between  the  ages  of  five  and 
twenty-one  years,  in  such  manner  as  may  be  provided  by  the  general 
assembly. 

ARTICLE   X.  —  AMENDMENTS  TO  THE   CONSTITUTION. 

How  proposed;  submission.  Section  1.  Any  amendment  or 
amendments  to  this  constitution  may  be  proposed  in  either  house  of 
the  general  assembly ;  and  if  the  same  shall  be  agreed  to  by  a  majority 
of  the  members  elected  to  each  of  the  two  houses,  such  proposed 
amendment  shall  be  entered  on  their  journals,  with  the  yeas  and  nays 
taken  thereon,  and  referred  to  the  legislature  to  be  chosen  at  the  next 
general  election,  and  shall  be  published,  as  provided  by  law,  for  three 
months  previous  to  the  time  of  making  such  choice;  and  if,  in  the 
general  assembly  so  next  chosen  as  aforesaid,  such  proposed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the  general 
assembly  to  submit  such  proposed  amendment  or  amendments  to  the 
people  in  such  manner,  and  at  such  time  as  the  general  assembly  shall 


202  THE   GOVERNMENT   OF   IOWA. 

provide ;  and  if  the  people  shall  approve  and  ratify  such  amendment 
or  amendments  by  a  majority  of  the  electors  qualified  to  vote  for 
members  of  the  general  assembly,  voting  thereon,  such  amendment 
or  amendments  shall  become  a  part  of  the  constitution  of  this  state. 

More  than  one.  Sec.  2.  If  two  or  more  amendments  shall  be  sub- 
mitted at  the  same  time,  they  shall  be  submitted  in  such  manner  that 
the  electors  shall  vote  for  or  against  each  of  such  amendments  sepa- 
rately. 

Convention.  Sec.  3.  At  the  general  election  to  be  held  in  the  year 
one  thousand  eight  hundred  and  seventy,  and  in  each  tenth  year  there- 
after, and  also  at  such  times  as  the  general  assembly  may,  by  law, 
provide,  the  question,  "  Shall  there  be  a  convention  to  revise  the 
constitution,  and  amend  the  same?"  shall  be  decided  by  the  electors 
qualified  to  vote  for  members  of  the  general  assembly ;  and  in  case  a 
majority  of  the  electors  so  qualified,  voting  at  such  election  for  and 
against  such  proposition,  shall  decide  in  favor  of  a  convention  for 
such  purpose,  the  general  assembly,  at  its  next  session,  shall  provide 
by  law  for  the  election  of  delegates  to  such  convention. 

ARTICLE  XL  —  MISCELLANEOUS. 

Jurisdiction  of  justice  of  the  peace.  Section  1.  The  jurisdiction 
of  justices  of  the  peace  shall  extend  to  all  civil  cases  (except  cases  in 
chancery,  and  cases  where  the  question  of  title  to  real  estate  may 
arise),  where  the  amount  in  controversy  does  not  exceed  one  hundred 
dollars,  and  by  the  consent  of  parties  may  be  extended  to  any  amount 
not  exceeding  three  hundred  dollars. 

Counties.  Sec.  2.  No  new  county  shall  be  hereafter  created  con- 
taining less  than  four  hundred  and  thirty- two  square  miles ;  nor  shall 
the  territory  of  any  organized  county  be  reduced  below  that  area ; 
except  the  county  of  Worth,  and  the  counties  west  of  it  along  the 
northern  boundary  of  this  state,  may  be  organized  without  additional 
territory. 

Indebtedness  of  political  or  municipal  corporations.  Sec.  3.  No 
county  or  other  political  or  municipal  corporation  shall  be  allowed  to 
become  indebted  in  any  manner,  or  for  any  purpose,  to  an  amount 
in  the  aggregate,  exceeding  five  per  centum  on  the  value  of  the  taxable 


APPENDIX.  203 

property  within  such  county  or  corporation  —  to  be  ascertained  by 
the  last  state  and  county  tax  lists,  previous  to  the  incurring  of  such 
inaebtedness. 

Boundaries.  Sec.  4.  The  boundaries  of  the  state  may  be  enlarged, 
with  the  consent  of  Congress  and  the  general  assembly. 

Oath  of  office.  Sec.  5.  Every  person  elected  or  appointed  to  any 
office,  shall,  before  entering  upon  the  duties  thereof,  take  an  oath  or 
affirmation  to  support  the  constitution  of  the  United  States,  and  of 
this  state,  and  also  an  oath  of  office. 

How  vacancies  filled.  Sec.  6.  In  all  cases  of  elections  to  fill  vacan- 
cies in  office  occurring  before  the  expiration  of  a  full  term,  the  person 
so  elected  shall  hold  for  the  residue  of  the  unexpired  term ;  and  all 
persons  appointed  to  fill  vacancies  in  office,  shall  hold  until  the  next 
general  election,  and  until  their  successors  are  elected  and  qualified. 

Land  grants  located.  Sec.  7.  The  general  assembly  shall  not  locate 
any  of  the  public  lands  which  have  been,  or  may  be  granted  by  Con- 
gress to  this  state,  and  the  location  of  which  may  be  given  to  the 
general  assembly,  upon  lands  actually  settled,  without  the  consent 
of  the  occupant.  The  extent  of  the  claim  of  such  occupant  so  ex- 
empted, shall  not  exceed  three  hundred  and  twenty  acres. 

Seat  of  government ;  state  university.  Sec.  8.  The  seat  of  govern- 
ment is  hereby  permanently  established,  as  now  fixed  by  law,  at  the 
city  of  Des  Moines,  in  the  county  of  Polk ;  and  the  state  university 
at  Iowa  City,  in  the  county  of  Johnson. 

ARTICLE  XII.  —  SCHEDULE. 

Supreme  law.  Section  1.  This  constitution  shall  be  the  supreme 
law  of  the  state,  and  any  law  inconsistent  therewith,  shall  be  void. 
The  general  assembly  shall  pass  all  laws  necessary  to  carry  this  con- 
stitution into  effect. 

Laws  in  force.  Sec.  2.  All  laws  now  in  force,  and  not  inconsistent 
with  this  constitution,  shall  remain  in  force  until  they  shall  expire  or 
be  repealed. 

Proceedings  not  affected.  Sec.  3.  All  indictments,  prosecutions, 
suits,  pleas,  plaints,  process,  and  other  proceedings  pending  in  any  of 


204  THE   GOVERNMENT   OF   IOWA. 

the  courts,  shall  be  prosecuted  to  final  judgment  and  execution ;  and 
all  appeals,  writs  of  error,  certiorari,  and  injunctions,  shall  be  carried 
on  in  the  several  courts,  in  the  same  manner  as  now  provided  by  law, 
and  all  offenses,  misdemeanors,  and  crimes  that  may  have  been  com- 
mitted before  the  taking  effect  of  this  constitution,  shall  be  subject 
to  indictment,  trial,  and  punishment,  in  the  same  manner  as  they 
would  have  been  had  not  this  constitution  been  made. 

Fines  inure  to  the  state.  Sec.  4.  All  fines,  penalties,  or  forfeitures 
due,  or  to  become  due,  or  accruing  to  the  state,  or  to  any  county 
therein,  or  to  the  school  fund,  shall  inure  to  the  state,  county,  or 
school  fund,  in  the  manner  prescribed  by  law. 

Bonds  In  force.  Sec.  5.  All  bonds  executed  to  the  state,  or  to  any 
officer  in  his  official  capacity,  shall  remain  in  force  and  inure  to  the 
use  of  those  concerned. 

First  election  for  governor  and  lieutenant-governor.  Sec.  6.  The 
first  election  under  this  constitution  shall  be  held  on  the  second  Tues- 
day in  October,  in  the  year  one  thousand  eight  hundred  and  fifty- 
seven,  at  which  time  the  electors  of  the  state  shall  elect  the  governor 
and  lieutenant-governor.  There  shall  also  be  elected  at  such  election, 
the  successors  of  such  state  senators  as  were  elected  at  the  August 
election,  in  the  year  one  thousand  eight  hundred  and  fifty-four,  and 
members  of  the  house  of  representatives,  who  shall  be  elected  in 
accordance  with  the  act  of  apportionment,  enacted  at  the  session  of 
the  general  assembly  which  commenced  on  the  first  Monday  of 
December,  one  thousand  eight  hundred  and  fifty-six. 

For  secretary,  auditor,  etc.  Sec.  7.  The  first  election  for  secretary, 
auditor,  and  treasurer  of  state,  attorney-general,  district  judges, 
members  of  the  board  of  education,  district  attorneys,  members  of 
congress,  and  such  state  officers  as  shall  be  elected  at  the  April  elec- 
tion, in  the  year  one  thousand  eight  hundred  and  fifty-seven  (except 
the  superintendent  of  public  instruction),  and  such  county  officers  as 
were  elected  at  the  August  election,  in  the  year  one  thousand  eight 
hundred  and  fifty-six,  except  prosecuting  attorneys,  shall  be  held  on 
the  second  Tuesday  of  October,  one  thousand  eight  hundred  and 
fifty-eight:   provided  that  the  time  for  which  any  district  judge  or 


APPENDIX.  205 

other  state  or  county  officer  elected  at  the  April  election  in  the  year 
one  thousand  eight  hundred  and  fifty-eight  shall  not  extend  beyond 
the  time  fixed  for  filling  like  offices  at  the  October  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-eight. 

For  judges  of  supreme  court.  Sec.  8.  The  first  election  for  judges 
of  the  supreme  court,  and  such  county  officers  as  shall  be  elected  at 
the  August  election,  in  the  year  one  thousand  eight  hundred  and  fifty- 
seven,  shall  be  held  on  the  second  Tuesday  of  October,  in  the  year  one 
thousand  eight  hundred  and  fifty-nine. 

First  session  of  general  assembly.  Sec.  9.  The  first  regular  session 
of  the  general  assembly  shall  be  held  in  the  year  one  thousand  eight 
hundred  and  fifty-eight,  commencing  on  the  second  Monday  of 
January  of  said  year. 

Senators.  Sec.  10.  Senators  elected  at  the  August  election,  in  the 
year  one  thousand  eight  hundred  and  fifty-six,  shall  continue  in  office 
until  the  second  Tuesday  of  October,  in  the  year  one  thousand  eight 
hundred  and  fifty-nine,  at  which  time  their  successors  shall  be  elected 
as  may  be  prescribed  by  law. 

Offices  not  vacated.  Sec.  11.  Every  person  elected  by  popular 
vote,  by  a  vote  of  the  general  assembly,  or  who  may  hold  office  by 
executive  appointment,  which  office  is  continued  by  this  constitution, 
and  every  person  who  shall  be  so  elected  or  appointed  to  any  such 
office,  before  the  taking  effect  of  this  constitution  (except  as  in  this 
constitution  otherwise  provided),  shall  continue  in  office  until  the 
term  for  which  such  person  has  been  or  may  be  elected  or  appointed 
shall  expire ;  but  no  such  person  shall  continue  in  office  after  the 
taking  effect  of  this  constitution,  for  a  longer  period  than  the  term 
of  such  office,  in  this  constitution  prescribed. 

Judicial  districts.  Sec.  12.  The  general  assembly,  at  the  first 
session  under  this  constitution,  shall  district  the  state  into  eleven 
judicial  districts,  for  district  court  purposes;  and  shall  also  provide 
for  the  apportionment  of  the  members  of  the  general  assembly  in 
accordance  with  the  provisions  of  this  constitution. 

Submission  of  constitution.  Sec.  13.  This  constitution  shall  be 
submitted  to  the  electors  of  the  state  at  the  August  election,  in  the 


206  THE   GOVERNMENT   OF   IOWA. 

year  one  thousand  eight  hundred  and  fifty-seven,  in  the  several  elec- 
tion districts  in  this  state.  The  ballots  at  such  election  shall  be 
written  or  printed  as  follows :  those  in  favor  of  the  constitution,  "new 
constitution  —  yes."  Those  against  the  constitution,  "  new  constitu- 
tion —  no."  The  elections  shall  be  conducted  in  the  same  manner 
as  the  general  elections  of  the  state,  and  the  poll-books  shall  be 
returned  and  canvassed  as  provided  in  the  twenty-fifth  chapter  of 
the  code,  and  abstracts  shall  be  forwarded  to  the  secretary  of  state, 
which  abstracts  shall  be  canvassed  in  the  manner  provided  for  by  the 
canvass  of  state  officers.  And  if  it  shall  appear  that  a  majority  of  all 
the  votes  cast  at  such  election  for  and  against  this  constitution  are 
in  favor  of  the  same,  the  governor  shall  immediately  issue  his  procla- 
mation stating  that  fact,  and  such  constitution  shall  be  the  constitu- 
tion of  the  state  of  Iowa,  and  shall  take  effect  from  and  after  the 
publication  of  said  proclamation. 

Proposition  to  strike  out  the  word  "  white."  Sec.  14.  At  the  same 
election  that  this  constitution  is  submitted  to  the  people  for  its  adop- 
tion or  rejection,  a  proposition  to  amend  the  same  by  striking  out 
the  word  "  white,"  from  the  article  on  the  "  right  of  suffrage,"  shall 
be  separately  submitted  to  the  electors  of  this  state  for  adoption  or 
rejection,  in  the  manner  following,  viz. :  a  separate  ballot  may  be 
given  by  every  person  having  a  right  to  vote  at  said  election,  to  be 
deposited  in  a  separate  box.  And  those  given  for  the  adoption  of 
such  proposition  shall  have  the  words,  "  shall  the  word  '  white  '  be 
stricken  out  of  the  article  on  the  '  right  of  suffrage  '  ?  yes."  And  those 
given  against  the  proposition  shall  have  the  words  "  shall  the  word 
'  white  '  be  stricken  out  of  the  article  on  the  '  right  of  suffrage'?  no." 
And  if  at  said  election  the  number  of  ballots  cast  in  favor  of  said 
proposition  shall  be  equal  to  a  majority  of  those  cast  for  and  against 
this  constitution,  then  said  word  "  white  "  shall  be  stricken  from  said 
article  and  be  no  part  thereof. 

Mills  county.  Sec.  15.  Until  otherwise  directed  by  law,  the  county 
of  Mills  shall  be  in  and  a  part  of  the  sixth  judicial  district  of  this 
state. 

Biennial  elections.  Sec.  16.  The  first  general  election  after  the 
adoption  of  this  amendment  shall  be  held  on  the  Tuesday  next  after 


APPENDIX.  20/ 

the  first  Monday  in  November,  in  the  year  one  thousand  nine  hundred 
and  six,  and  general  elections  shall  be  held  biennially  thereafter.  In 
the  year  one  thousand  nine  hundred  and  six  there  shall  be  elected  a 
governor,  lieutenant-governor,  secretary  of  state,  auditor  of  state, 
treasurer  of  state,  attorney-general,  two  judges  of  the  supreme  court, 
the  successors  of  the  judges  of  the  district  court  whose  terms  of  office 
expire  on  December  31st,  one  thousand  nine  hundred  and  six,  state 
senators  who  would  otherwise  be  chosen  in  the  year  one  thousand 
nine  hundred  and  five,  and  members  of  the  house  of  representatives. 
The  terms  of  office  of  the  judges  of  the  supreme  court  which  would 
otherwise  expire  on  December  31st,  in  odd-numbered  years,  and  all 
other  elective  state,  county  and  township  officers,  whose  terms  of 
office  would  otherwise  expire  in  January,  in  the  year  one  thousand 
nine  hundred  and  six,  and  members  of  the  general  assembly  whose 
successors  would  otherwise  be  chosen  at  the  general  election  in  the 
year  one  thousand  nine  hundred  and  five,  are  hereby  extended  one 
year  and  until  their  successors  are  elected  and  qualified.  The  terms 
of  offices  of  senators  whose  successors  would  otherwise  be  chosen  in 
the  year  one  thousand  nine  hundred  and  seven  are  hereby  extended 
one  year  and  until  their  successors  are  elected  and  qualified.  The 
general  assembly  shall  make  such  changes  in  the  law  governing  the 
time  of  election  and  terms  of  office  of  all  other  elective  officers  as  shall 
be  necessary  to  make  the  time  of  their  election  and  terms  of  office 
conform  to  this  amendment,  and  shall  provide  which  of  the  judges 
of  the  supreme  court  shall  serve  as  chief  justice.  The  general  assem- 
bly shall  meet  in  regular  session  on  the  second  Monday  in  January, 
in  the  year  one  thousand  nine  hundred  and  six,  and  also  on  the  second 
Monday  in  January,  in  the  year  one  thousand  nine  hundred  and  seven, 
and  biennially  thereafter. 

[By  proper  legislative  action  (29  G.  A.,  joint  res.  No.  5  and  30  G.  A., 
joint  res.  No.  1)  a  proposed  amendment,  adding  the  foregoing  section 
number  16  to  Article  XII,  was  submitted  to  the  electors  at  the  general 
election  in  1904,  and  adopted.  Practically  the  same  amendment  was 
adopted  by  the  people  November  6,  1900,  but  the  supreme  court 
February  1,  1901,  in  the  case  of  the  State  of  Iowa  ex  rel.  Marsh  W. 
Bailey  vs.  S.  W.  Brookhart,  respondent,  appellant,  held  that  the 
amendment,  section  16,  was  not  proposed  and  adopted  as  required 
by  the  constitution,  and  did  not  become  a  part  thereof.] 

Done  in  convention  at  Iowa  City,  this  fifth  day  of  March,  in  the 


208 


THE   GOVERNMENT   OF   IOWA. 


year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven,  and  of 
the  independence  of  the  United  States  of  America,  the  eighty-first. 

In  testimony  whereof,  we  have  hereunto  subscribed  our  names: 


Timothy  Day, 
S.  G.  Winchester, 
David  Bunker, 
D.  P.  Palmer, 
Geo.  W.  Ells, 
J.  C.  Hall, 
John  H.  Peters, 
Wm.  H.  Warren, 
H.  W.  Gray, 

ROBT.  GOWER, 

H.  D.  Gibson, 
Thomas  Seeley, 
Attest : 


S.  Ayres, 
Harvey  J.  Skiff, 
J.  A.  Parvin, 
W.  Penn  Clark, 
Jere.  Hollings worth, 
Wm.  Patterson, 
D.  W.  Price, 
Alpheus  Scott, 
George  Gillaspy, 
Edward  Johnstone, 


A.  H.  Marvin, 
J.  H.  Emerson, 
R.  L.  B.  Clarke, 
James  A.  Young, 
D.  H.  Solomon, 
M.  W.  Robinson, 
Lewis  Todhunter, 
John  Edwards, 
J.  C.  Traer, 
James  F.  Wilson, 
Amos  Harris, 
Jno.  T.  Clarke, 

Francis  Springer,  President. 


Th.  J.  Saunders,  Secretary. 

E.  N.  Bates,  Assistant  Secretary. 


SUMMARY  OF  AMENDMENTS  TO  THE  CONSTITUTION. 

By  proper  legislative  action  (n  G.  A.,  chap.  98,  and  12  G.  A.,  joint 
res.  No.  XI),  by  vote  of  the  people,  November  3,  1868,  and  procla- 
mation of  the  governor,  December  8,  1868. 

First  —  Strike  the  word  "  white  "  from  section  one  of  article  two 
thereof. 

Second  —  Strike  the  word  "  white  "  from  section  thirty-three  of 
article  three  thereof. 

Third  —  Strike  the  word  "  white "  from  section  thirty-four  of 
article  three  thereof. 

Fourth  —  Strike  the  word  "  white  "  from  section  thirty-five  of 
article  three  thereof. 

Fifth  —  Strike  the  word  "  white  "  from  section  one  of  article  six 
thereof. 

By  proper  legislative  action  (17  G.  A.,  joint  res.  No.  5,  and  18  G.  A., 


APPENDIa.  209 

joint  res.  No.  6),  by  vote  'of  the  people,  November  2,  1880,  and  cer- 
tificate of  the  board  of  state  canvassers,  December  3,  1880. 

Strike  out  the  words  "  free  white  "  from  the  third  line  of  section 
four  (4)  of  article  three  (3)  of  said  constitution,  relating  to  the  legisla- 
tive department. 

By  proper  legislative  action  (18  G.  A.,  joint  res.  No.  8,  and  19  G.  A., 
joint  res.  No.  8),  by  vote  of  the  people,  June  27,  1882,  and  certificate 
of  the  board  of  state  canvassers,  July  28,  1882. 

Section  26.  No  person  shall  manufacture  for  sale,  or  sell,  or  keep 
for  sale,  as  a  beverage,  any  intoxicating  liquors  whatever,  including 
ale,  wine  and  beer.  The  general  assembly  shall  by  law  prescribe 
regulations  for  the  enforcement  of  the  prohibition  herein  contained, 
and  shall  thereby  provide  suitable  penalties  for  the  violation  of  the 
provisions  hereof. 

[The  supreme  court,  April  21,  1883,  in  the  case  of  Koehler  &  Lange 
vs.  Hill,  reported  in  60th  Iowa,  page  543,  held  that  the  amendment, 
section  26,  as  submitted  to  the  electors  did  not  become  a  part  of  the 
constitution.] 

By  proper  legislative  action  (19  G.  A.,  joint  res.  No.  12,  and  20  G.  A., 
joint  res.  No.  13),  by  vote  of  the  people,  November  4,  1884,  and  cer- 
tificate of  the  board  of  state  canvassers,  December  10,  1884. 

Amendment  1.  The  general  election  for  state,  district,  county  and 
township  officers,  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November. 

Amendment  2.  At  any  regular  session  of  the  general  assembly, 
the  state  may  be  divided  into  the  necessary  judicial  districts  for  dis- 
trict court  purposes,  or  the  said  districts  may  be  reorganized  and  the 
number  of  the  districts  and  the  judges  of  said  courts  increased  or  di- 
minished ;  but  no  reorganization  of  the  districts  or  diminution  of  the 
judges  shall  have  the  effect  of  removing  a  judge  from  office. 

Amendment  3.  The  grand  jury  may  consist  of  any  number  of 
members  not  less  than  five,  nor  more  than  fifteen,  as  the  general 
assembly  may  by  law  provide,  or  the  general  assembly  may  provide 
for  holding  persons  to  answer  for  any  criminal  offense  without  the 
intervention  of  the  grand  jury. 

Amendment  4.  That  section  thirteen  of  article  five  of  the  con- 
stitution be  stricken  therefrom,  and  the  following  adopted  as  such 
section : 


2IO  THE  GOVERNMENT   OF   IOWA. 

Section  13.  The  qualified  electors  of  each  county  shall,  at  the 
general  election  in  the  year  one  thousand  eight  hundred  and  eighty- 
six,  and  every  two  years  thereafter,  elect  a  county  attorney,  who 
shall  be  a  resident  of  the  county  for  which  he  is  elected,  and  shall 
hold  his  office  for  two  years,  and  until  his  successor  shall  have  been 
elected  and  qualified. 

By  proper  legislative  action  (29  G.  A.,  joint  res.  No.  2  and  30  G.  A., 
joint  res.  No.  2),  by  vote  of  the  people  November  eighth,  one  thousand 
nine  hundred  and  four,  and  certificate  of  the  board  of  state  canvassers, 
November  twenty-ninth,  one  thousand  nine  hundred  and  four. 

That  sections  thirty-four  (34),  thirty-five  (35)  and  thirty-six  (36)  of 
article  three  (3)  of  the  constitution  of  the  state  of  Iowa,  be  repealed 
and  the  following  be  adopted  in  lieu  thereof : 

Section  34.  The  senate  shall  be  composed  of  fifty  members  to  be 
elected  from  the  several  senatorial  districts,  established  by  law  and  at 
the  next  session  of  the  general  assembly  held  following  the  taking  of 
the  state  and  national  census,  they  shall  be  apportioned  among  the 
several  counties  or  districts  of  the  state,  according  to  population  as 
shown  by  the  last  preceding  census. 

Section  35.  The  house  of  representatives  shall  consist  of  not  more 
than  one  hundred  and  eight  members.  The  ratio  of  representation 
shall  be  determined  by  dividing  the  whole  number  of  the  population  of 
the  state  as  shown  by  the  last  preceding  state  or  national  census,  by 
the  whole  number  of  counties  then  existing  or  organized,  but  each 
county  shall  constitute  one  representative  district  and  be  entitled  to 
one  representative,  but  each  county  having  a  population  in  excess  of 
the  ratio  number,  as  herein  provided  of  three-fifths  or  more  of  such 
ratio  number  shall  be  entitled  to  one  additional  representative,  but  said 
addition  shall  extend  only  to  the  nine  counties  having  the  greatest 
population. 

Section  36.  The  general  assembly  shall,  at  the  first  regular  session 
held  following  the  adoption  of  this  amendment,  and  at  each  succeeding 
regular  session  held  next  after  the  taking  of  such  census,  fix  the  ratio 
of  representation,  and  apportion  the  additional  representatives,  as 
herein  before  required. 

By  proper  legislative  action  (29  G.  A.,  joint  res.  No.  5,  and  30  G.  A., 
joint  res.  No.  1),  by  vote  of  the  people  November  eighth,  one  thousand 


APPENDIX.  211 

nine  hundred  and  four,  and  certificate  of  the  board  of  state  can- 
vassers, November  twenty-ninth,  one  thousand  nine  hundred  and 
four. 

*Add  as  section  sixteen,  to  article  twelve  of  the  constitution,  the 
following : 

Sec.  1 6.  The  first  general  election  after  the  adoption  of  this  amend- 
ment shall  be  held  on  the  Tuesday  next  after  the  first  Monday  in  No- 
vember in  the  year  one  thousand  nine  hundred  and  six,  and  general 
elections  shall  be  held  biennially  thereafter.  In  the  year  one  thousand 
nine  hundred  and  six  there  shall  be  elected  a  governor,  lieutenant- 
governor,  secretary  of  state,  auditor  of  state,  treasurer  of  state,  at- 
torney-general, two  judges  of  the  supreme  court,  the  successors  of  the 
judges  of  the  district  court  whose  terms  of  office  expire  on  December 
31st,  one  thousand  nine  hundred  and  six,  state  senators  who  would 
otherwise  be  chosen  in  the  year  one  thousand  nine  hundred  and  five, 
and  members  of  the  house  of  representatives.  The  terms  of  office  of 
the  judges  of  the  supreme  court  which  would  otherwise  expire  on  De- 
cember 31st,  in  odd-numbered  years,  and  all  other  elective  state, 
county  and  township  officers  whose  terms  of  office  would  otherwise 
expire  in  January,  in  the  year  one  thousand  nine  hundred  and  six,  and 
members  of  the  general  assembly  whose  successors  would  otherwise  be 
chosen  at  the  general  election  in  the  year  one  thousand  nine  hundred 
and  five,  are  hereby  extended  one  year  and  until  their  successors  are 
elected  and  qualified.  The  terms  of  office  of  senators  whose  successors 
would  otherwise  be  chosen  in  the  year  one  thousand  nine  hundred  and 
seven  are  hereby  extended  one  year  and  until  their  successors  are 
elected  and  qualified.  The  general  assembly  shall  make  such  changes 
in  the  law  governing  the  time  of  election  and  terms  of  office  of  all  other 
elective  officers  as  shall  be  necessary  to  make  the  time  of  their  election 
and  terms  of  office  conform  to  this  amendment,  and  shall  provide 
which  of  the  judges  of  the  supreme  court  shall  serve  as  chief  justice. 
The  general  assembly  shall  meet  in  regular  session  on  the  second 
Monday  in  January,  in  the  year  one  thousand  nine  hundred  and  six, 

*  Practically  the  same  amendment  was  adopted  by  the  people  November  6,  1900, 
but  the  supreme  court,  February  1,  1001,  in  the  case  of  the  State  of  Iowa  ex  rel. 
Marsh  W.  Bailey  vs.  S.  W.  Brookhart,  respondent,  appellant,  held  that  the  amend- 
ment, section  16,  was  not  proposed  and  adopted  as  required  by  the  constitution,  and 
did  not  become  a  part  thereof. 


212  THE    GOVERNMENT    OF    IOWA. 

and  also  on  the  second  Monday  in  January  in  the  year  one  thousand 
nine  hundred  and  seven,  and  biennially  thereafter. 

By  proper  legislative  action  (31  G.  A.,  joint  res.  No.  1  and  32  G.  A. 
joint  res.  No.  2),  by  vote  of  the  people  November  third,  one  thousand 
nine  hundred  and  eight,  and  certificate  of  the  state  board  of  canvassers, 
November  twenty- third,  one  thousand  nine  hundred  and  eight. 

Add  to  section  eighteen  of  article  one  of  the  constitution,  the  follow- 
ing: 

The  general  assembly,  however,  may  pass  laws  permitting  the 
owners  of  lands  to  construct  drains,  ditches  and  levees  for  agricultural, 
sanitary  or  mining  purposes  across  the  lands  of  others,  and  provide  for 
the  organization  of  drainage  districts,  vest  the  proper  authorities  with 
power  to  construct  and  maintain  levees,  drains  and  ditches  and  to  keep 
in  repair  all  drains,  ditches  and  levees  heretofore  constructed  under  the 
laws  of  the  state,  by  special  assessments  upon  the  property  benefited 
thereby.  The  general  assembly  may  provide  by  law  for  the  condem- 
nation of  such  real  estate  as  shall  be  necessary  for  the  construction  and 
maintenance  of  such  drains,  ditches  and  levees,  and  prescribe  the 
method  of  making  such  condemnation. 

THE  AMENDMENT  OF  1916. 

Repeal  section  7,  article  II  and  enact  in  lieu  thereof  the  follow- 
ing: 

Sec.  7.  The  general  election  for  state,  district,  county  and 
township  officers  in  the  year  1916  shall  be  held  in  the  same  month 
and  on  the  same  day  as  that  fixed  by  the  laws  of  the  United  States 
for  the  election  of  presidential  electors,  or  of  president  and  vice- 
president  of  the  United  States;  and  thereafter  such  election  shall 
be  held  at  such  time  as  the  general  assembly  may  by  law  provide. 

Note. — This  amendment  was  proposed  by  the  General  Assem- 
bly of  1913;  re-adopted  by  the  General  Assembly  of  191 5,  and 
ratified  on  November  7,  1916. 


INDEX 


Accountsand  Finance,  Superintendent  of,  136. 

Accused  persons,  rights  of,  37,  175,  176. 

Acts,  contents  of.  184. 

Adair  County,  147. 

Adjutant  General,  81. 

Administration,  89. 

Administrative  officers,  table  of,  06-105. 

Agricultural  College  Grant.  153. 

Agricultural  education",  158-159. 

Agriculture,  State  Board  of,  data  relative  to, 

103. 
Agriculture  and  Mechanic  Arts,  State  College 

of,  92. 
Algonquin  Indians,  tribes  of,  8. 
Aliens,  rights  of,  40,  41,  177. 
Alleghanies,  16. 
Alleys,  locating  of,  55,  184. 
Amendments,  method  of  making,  201-202; 

summary  of,  208-212. 
Ames,  State  College  at,  92;  reference  to,  158- 

iSO- 
Anamosa,  Reformatories  at.  91. 
Andrews,  George  T.,  152. 
Animal   Health,    Commission   of,   87;   data 

relative  to,  102. 
Appeal,  right  of,  38. 

Appointments,  power  of  making,  80-S1. 
Apportionment  of  legislators,  185,  187. 
Appropriations,  restriction  of,  55;  Committee 

on,  69;  reference  to,  183. 
Arbitration,  boards  of,  163. 
Archaeology,  problem  in,  7. 
Assembly,  right  of,  40,  177. 
Assessment,  inequalities  in,  128,  147;  method 

of,  145-146;  equalization  of    148. 
Assessor,  127;  compensation  of,  128;  unequal 

assessments   by,    128;   reference  to,    13,5; 

assessment  by,  147;  difficulty  of  work  of, 

145-146. 
Attainder,  prohibition  of  bills  of,  40,  177. 
Attorney-General,  prosecution  of  officers  by, 

81;  functions  of.  114;  reference  to,  192. 
Auditor  (Municipal).  133- 
Auditor  of  State,  powers  and  duties  of,  85; 

member  of  Executive  Council,  86;  refer- 
ence to,  148,  190. 
Australian  ballot  system,  46. 
Ayres,  S.,  208. 

Bail,  right  of,  38,  176;  prohibition  of  exces- 
sive, 3g,  176. 
Bailiffs,  123. 


Ballots,  provisions  relative  to,  46. 

Banking,  supervision  of,  85. 

Banks,  choice  of.  as  depositories,  85,  86;  pro- 
visions of  Constitution  relative  to,  196, 197. 

Bates,  E.  N.,  208. 

Bees,  Inspector  of,  data  relative  to,  97. 

Belmont  (Wisconsin),  capital  of  Territory  at, 
20. 

Berry,  Jesse,  152. 

Bicameral  system,  62,  71. 

Biennial  elections,  provision  for,  206,  207. 

Big  Sioux  River,  174. 

Bill  of  Rights  (1689),  35. 

Bill  of  Rights  in  Constitution,  provisions  of, 
36-42,  174-178. 

Bills,  introduction  and  passage  of,  57,  58, 
181,  182;  approval  and  veto  of,  58,  80. 

Binder,  State,  87;  data  relative  to,  99. 

Births,  record  of,  122. 

Black  Hawk,  18. 

Black  Hawk  County,  63. 

Black  Hawk  Purchase,  9. 

Black  Hawk  War,  8;  cause  of,  17. 

Blind,  College  for,  91,  93. 

Board  of  Control  of  State  Institutions,  81; 
powers  and  duties  of,  90-91;  institutions 
under  management  of,  91. 

Boards,  data  relative  to,  96-105;  temporary. 
106.     (See  also  special  subjects  desired.) 

Boats,  Inspectors  of  Passenger,  87;  data  rela- 
tive to,  97. 

Bonds.  204. 

Boundaries  of  Iowa,  173,  174. 

Bounties,  119. 

Bridges,  building  of,  119. 

Brindley,  John  E.,  statement  by   147. 

British  America,  3. 

Buffalo,  9. 

Buffum.  Hugh  S.,  statement  by,  152. 

Building  and  loan  companies,  supervision  of, 
85. 

Bunker,  David,  208. 

Burgess,  John  W.,  33.  38. 

Burlington,  9;  capital  of  Territory  at,  20; 
commission  plan  of  government  in,  135. 


Calhoun  County,  147. 
California,  stampede  to,  n. 
Calvin,  Samuel,  statement  by,  2,  3. 
Canada,   cheap   lands   in,    11;   loss    of, 
France,  16. 


by 


213 


214 


INDEX 


Candidates,  methods  of  nominating,  48,  49; 
number  of  signers  required  of,  49,  50. 

Capital.  location  of,  203. 

Capitol,  Commission,  State,  106. 

Caucus,  nominations  by,  49. 

Cedar  Falls,  State  Teachers'  College  at,  92, 
157.  158. 

Cedar  Rapids,  in;  commission  plan  of  gov- 
ernment in,  135. 

Census,  provision  for,  57,  185. 

Chambers,  John,  recommendations  of,  rela- 
tive to  statehood,  29. 

Charities,  public,  164-165. 

Cherokee,  State  Hospital  for  Insane  at,  91. 

Chief  Justice  of  Supreme  Court,  112,  113. 

China,  search  for  route  to,  13. 

Chippewa  Indians,  8. 

Cities,  incorporation  of,  53,  184;  limitation 
upon  debts  of,  56;  Superior  Courts  in,  in, 
"34;  government  of,  129-140;  classes  of, 
131;  officers  of,  132-134. 

Citizenship,  difference  between  suffrage  and, 
43-44;  definition  of,  43;  limitation  of  State 
relative  to,  44. 

City  Attorney,  134. 

City  Clerk,  134. 

City  Engineer,  133. 

City  Superintendent,  155. 

Civil  cases,  trial  of,  109,  no. 

Civil  Rights,  enumeration  of,  in  Constitu- 
tion, 35-42.  174-178. 

Civil  townships,  organization  of,  126,  127. 

Civil  War,  11,  47. 

Claim  Clubs,  24. 

Clarinda,  State  Hospital  for  Insane  at,  91. 

Clark  County,  147. 

Clark,  VV.  Penn,  208. 

Clarke,  John  T.,  208. 

Clarke,  R.  L.  B.,  208. 

Clerk  (Municipal),  134. 

Clerk  of  District  Court,  powers  and  duties  of, 
122;  compensation  of,  122. 

Clerk  of  Supreme  Court,  113. 

Climate,  character  of,  in  Iowa,  5. 

Clinton  County,  63. 

Code  Commission,  106. 

Collection  of  taxes,  146,  149. 

Columbus,  discovery  by,  6. 

Commerce  Counsel,  creation  of  officer  of, 
93_94;  powers  and  duties  of,  93-94. 

Commission  of  Animal  Health,  87;  data  rela- 
tive to,  102. 

Commission  of  Pharmacy,  87;  data  relative 
to,  102. 

Commission  Plan  of  City  Government,  adop- 
tion of,  135;  outline  of,  136-137;  advantage 
of,  137,  138. 

Commissioner  of  Labor,  81, 


Commissioner  (City),  primary  election  for, 
135.  136;  election  of,  136;  powers  of,  136; 
responsibility  and  recall  of,  136,  137;  limi- 
tation of  powers  of,  137;  compensation  of, 
137- 

Commissions,  data  relative  to,  100-105;  tem- 
porary, 106. 

Committees,  in  House  of  Representatives; 
68,  69;  in  Senate,  73-74. 

Compensation  for  services,  56. 

Congress,  power  of,  over  Territorial  laws,  27; 
Nicollet  boundaries  prescribed  by,  30; 
Iowa  admitted  by,  31;  revenue  bills  in,  70; 
aid  to  education  by,  152,  153. 

Congressional  Districts,  55,  56. 

Congressional  townships,  116,  126. 

Congressmen,  first  election  of,  204. 

Connecticut,  10. 

Constables,  81,  127,  170. 

Constitution,  important  parts  of,  33;  pre- 
amble of,  33 ;  power  to  change,  141 ;  method 
of  amending,  in  United  States,  142. 

Constitution  of  1844,  drafting  of,  29;  rejec- 
tion of,  by  people,  30. 

Constitution  of  1846,  adoption  of,  31;  re- 
vision of,  31,  32;  amending  clause  in,  141. 

Constitution  of  Iowa  (present),  adoption  of, 
32;  permanence  of,  32,  33;  preamble  to, 
33;  amendments  to,  39,  40,  45,  115;  sep- 
aration of  powers  in,  53;  oath  of  Gov- 
ernor to  support,  75;  methods  of  amend- 
ing, 141-143,  201-202;  text  of,  173;  sub- 
mission of  to  people,  205,  206;  summary 
of  amendments  to,  208-212. 

Constitution  of  United  States,  rights  asserted 
in,  35;  definition  of  citizenship  in,  43;  oath 
of  Governor  to  support,  75,  76. 

Constitutional  Convention,  methods  of  call- 
ing, 142,  143,  202. 

Constitutional  Convention  of  1844,  birth- 
place of  members  of,  10;  meeting  of,  29. 

Constitutional  Convention  of  1846,  30. 

Constitutional  Convention  of  1857,  32. 

Contracts,  protection  of,  40,  177. 

Conventions  (political),  nominations  by,  48. 

Corn,  annual  crop  of,  4. 

Coroner,  see  County  Coroner. 

Corporation  taxes,  146. 

Corporations,  limitations  of  legislature  rela- 
tive to,  56;  regulation  of,  161,  162;  pro- 
visions of  Constitution  relative  to,  195-197. 

Correction  of  criminals,  methods  of,  165,  166. 

Council  (Municipal),  election  of,  132,  137; 
composition  of,  132;  compensation  of  mem- 
bers of,  132,  137;  veto  of  acts  of,  133;  com- 
pensation of  mayor  fixed  by,  133;  ap- 
pointments by,  133;  primary  election  for 
members  of,  135,  136;  departments  man- 
aged by  members  of,  136;  limitation  of 


INDEX 


215 


power  of,  136;  taxes  levied  by,  146;  equal- 
ization of  assessments  by,  148;  reference 
to,  164. 

Council  (Territorial),  number  of  members  of, 
27. 

Council  Bluffs,  School  for  Deaf  at,  93;  ref- 
erence to,  III. 

Counties,  change  in  area  or  boundaries  of, 
55.  184;  prohibition  of  division  of,  55;  limi- 
tation upon  debts  of,  56,  202,  203;  appor- 
tionment of  Representatives  to,  62,  63; 
area  of,  116,  117,  202. 

County,  sittings  of  District  Court  in,  no; 
government  of,  116-125;  election  of  Super- 
visors in,  117;  management  of  affairs  of, 
118,  119. 

County  Attorney,  81, 170, 192,  '93;  functions 
of,  113,  114,  119. 

County  Auditor,  nomination  papers  filed 
with,  49,  50;  powers  and  duties  of,  119, 
1 20;  compensation  of ,  1 20;  reference  to,  148. 

County  Clerk,  powers  and  duties  of,  122; 
compensation  of,  122. 

County  Coroner,  powers  and  duties  of,  123, 
124;  compensation  of,  124. 

County  fairs,  119. 

County  High  School,  156. 

County  officers,  number  of  signers  necessary 
for  nomination  of,  49,  50;  prosecution  of, 
81,  82;  list  of,  117;  powers  and  duties  of, 
1 1 7-1 24;  resignation  of,  120;  reference  to, 
204.  1 1 

County  Recorder,  powers  and  duties  of,  121; 
compensation  of,  121. 

County  seats,  location  of,  55;  changing  of, 
184. 

County  Sheriff,  powers  and  duties  of,  122, 
123;  compensations  of,  123;  reference  to, 
170. 

County  Superintendent,  powers  and  duties 
of,  124,  155;  compensation  of,  124;  refer- 
ence to,  154;  institute  conducted  by,  157. 

County  Surveyor,  office  of,  abolished,  125. 

County-Township  System,  126. 

County  Treasurer,  powers  and  duties  of,  120, 
121;  compensation  of,  121;  reference  to, 
149. 

Coureurs  de  bois,  15. 

Courts,  classes  of,  109,  113,  190. 

Credit  of  the  State,  prohibition  upon  loaning 
of,  56. 

Crime,  punishment  and  correction  of,  165- 
166. 

Criminal  cases,  trial  of,  109,  no. 

Criminals,  suffrage  denied,  44,  179. 

Curators  of  State  Historical  Society  of  Iowa, 
data  relative  to,  99. 

Custodian  of  Public  Buildings  and  Property, 
87;  data  relative  to,  96. 


Dairy  and  Food  Commissioner,  reference  to, 
81,  85;  data  relative  to,  96. 

Danes,  immigration  of,  to  Iowa,  n. 

Davenport,  9;  Soldiers'  Orphans'  Home  at, 
91. 

Davis,  Jefferson,  miners  driven  from  Du- 
buque by,  23. 

Day,  Timothy,  208. 

Deaf,  School  for,  93. 

Deaths,  record  of,  122. 

Debt,  imprisonment  for,  prohibited,  40,  177. 

Debts,  limitations  upon,  by  cities  or  counties, 
56;  State,  provisions  of  Constitution  rela- 
tive to,  195. 

Declaration  of  Independence,  35,  142. 

Deeds,  record  of,  121. 

Democrats,  objection  of,  to  revision  of  Con- 
stitution, 31. 

Dental  Examiners,  Board  of,  87;  data  rela- 
tive to,  99. 

Departments  of  government,  53,  179. 

Depositories,  choice  of,  85,  86. 

Deputy  Marshals,  133,  170. 

Des  Moines,  derivation  of  name,  14;  sessions 
of  legislature  at,  54;  reference  to,  86;  adop- 
tion of  commission  plan  in,  135;  capital 
'ocated  at,  203. 

Des  Moines  County,  128,  147. 

Des  Moines  Plan  of  City  Government,  adop- 
tion of,  135;  outline  of,  135,  137;  advan- 
tages of,  137,  138. 

Des  Moines  River,  173,  174. 

De  Soto,  Fernando,  discovery  of  Mississippi 
by.  13- 

Distribution  of  powers,  179. 

District  Attorney,  204. 

District  Court,  right  of  appeal  to,  38;  officers 
removed  by,  82;  appeals  to,  in;  jurisdic- 
tion of,  in,  191;  reference  to,  no,  130, 
170;  execution  of  judgments  of,  123;  com- 
position of,  191. 

District  Judges,  number  of,  no;  reference  to, 
130,  204;  election  of,  191;  salary  of,  191, 
192. 

District  schools,  supervision  of,  IS3,  154;  in- 
efficiency in,  154. 

Ditches,  amendment  to  Constitution  relative 
to,  39,  40,  177. 

Divorces,  granting  of,  by  legislature  pro- 
hibited, ss,  184. 

Dolliver,  Jonathan,  election  of  successor  to, 
60. 

Dragoons,  First  United  States,  expedition  of, 
18,  19. 

Drainage  districts,  119. 

Drains,  amendment  relative  to,  177. 

Dubuque  County,  63. 

Dubuque,  Julien,  settlement  by,  9;  visit  of 
Pike  to,  18. 


2l6 


INDEX 


Dubuque,  lead  mines  in  vicinity  of,  9;  com- 
pact of  miners  at,  22,  23;  miners  driven 
from,  23. 

Due  process  of  law,  37,  173. 

Duelling,  prohibition  of,  36,  175. 

Du  Luth,  explorations  by,  is. 

Dutch,  first  settlement  by,  11. 

Economic  legislation,  161-171. 

Education,  Board  of  (old),  197-199,  204. 

Education,  provisions  for,  151-160,  197-199; 
aid  to,  by  Congress,  152-153;  amount  of 
money  expended  for,  153;  purpose  of, 
156,  157;  agencies  for  purpose  of,  159. 

Education,  School  of,  158. 

Education,  State  Board  of  (present),  81,  92; 
composition,   powers,  and  duties  of,  92; 

Educational  Commission,  106,  156. 

Educational  Examiners,  Board  of,  87,  124, 
154;  data  relative  to,  99. 

Edwards,  John,  208. 

Eldora,  Industrial  School  at,  91. 

Election,  definition  of,  43. 

Election  officers,  46. 

Election  precincts,  46. 

Elections,  regulations  relative  to,  44,  45,  46; 
duties  of  Auditor  relative  to,  120;  reference 
to,  127;  method  of  conducting,  179;  time  of 
holding,  179;  provisions  for  biennial,  206- 
207. 

Elector  at  Large,  nomination  of,  50. 

Electors,  privileges  of,  47,  48,  178,  179;  Qual- 
ifications of,  178;  classes  denied  privileges 
of,  178,  179. 

Ells,  George  W.,  208. 

Emerson,  J.  H.,  208. 

Eminent  domain,  right  of,  39,  40,  177. 

Employers'  Liability  Commission,  purpose 
of,  106. 

England,  13,  69;  territory  gained  by,  16; 
territory  ceded  to  United  States  by,  16. 

English,  11. 

Equalization  of  assessment,  146-148. 

Eskimoid  man,  7. 

Europe,  municipalities  in,  130. 

Executive  Council,  compensation  of  mem- 
bers of,  78,  85,  86,  87;  removal  power  of, 
81;  approval  of  acts  of  Treasurer  by,  85; 
composition  of,  86;  creation  of,  86;  powers 
and  duties  of,  86,  87;  equalization  of  as- 
sessments by,  148. 

Executive  Department,  article  in  Constitu- 
tion relative  to,  187-190. 

Executive  Journal,  83. 

Executive  officers,  84. 

Exemptions  from  taxation,  148. 

Ex  post  facto  laws,  prohibition  of,  40,  177. 

Express  companies,  regulation  of  rates  of,  94. 


Farmers,  agricultural  education  of,  158-159. 

Farms,  value  and  products  of,  3,  4. 

Feeble-minded  Children,  Institution  for,  91. 

Finance  Committee  of  Board  of  Education, 
92. 

Fines,  prohibition  of.  excessive,  39,  176;  dis- 
position of  proceeds  of,  200,  204. 

Fire,  protection  of  property  from,  166,  167. 

Fire  Marshal,  State,  data  relative  to,  97; 
powers  and  duties  of,  166,  167. 

Fish  and  Game  Warden,  87,  168;  data  rela- 
tive to,  96. 

Five  Hundred  Thousand  Acre  Grant,  152, 

153- 

Five  Section  Grant,  153. 

Floyd,  Sergeant  Charles,  death  of,  17;  per- 
petuation of  memory  of,  17,  18. 

Floyd  County,  18. 

Floyd  River,  18. 

Food  and  Dairy  Commissioner,  81,  87;  data 
relative  to,  96. 

Fort  Des  Moines,  19. 

Fort  Dodge  Claim  Club,  extract  from  records 
of,  24. 

Fort  Madison,  Penitentiary  at,  91. 

Fox  Indians,  remnant  of,  8. 

France,  13;  confirmation  of  title  of,  to  Missis- 
sippi Valley,  15,  16;  territory  lost  by,  16; 
purchase  of  Louisiana  from,  16. 

French,  basis  of  claim  of,  to  Louisiana,  15. 

Fugitive  Slave  Law,  37. 

Functions  of  government,  94,  95. 

Galveston  (Texas),  commission  plan  of  gov- 
ernment at,  135. 

Game  Warden,  Fish  and,  87,  168;  data  rela- 
tive to,  96. 

General  Assembly,  composition  of,  53;  ses- 
sions of,  53,  54;  adjournment  of,  54;  scope 
of  powers  of,  54,  55;  restrictions  on  powers 
°f.  55.  57;  provision  for  census  by,  57; 
passage  of  bills  by,  57,  58;  rules  of  proce- 
dure in,  59;  journal  of  proceedings  of,  60; 
publication  of  laws  of,  60;  apportionment 
of  representation  by,  63;  votes  for  Gov- 
ernor counted  by,  75;  tie  in  election  of 
Governor  decided  by,  75;  resignation  of 
Governor  sent  to,  77;  salary  of  Governor 
fixed  by,  78;  recommendations  of  Gov- 
ernor to,  78,  79;  power  of  Governor  to  con- 
vene and  adjourn,  79,  80,  188,  189;  veto  of 
bills  passed  by,  80;  appointive  power  given 
to  Governor  by,  80,  81;  reports  required 
by,  83;  filling  of  vacancies  in,  83;  preserva- 
tion of  laws  and  resolutions  of,  84;  officers 
chosen  by,  87,  96,  98;  power  of,  relative  to 
local  government,  116,  141;  municipal 
powers  granted  by,  129;  part  of,  in  amend- 
ing Constitution,  142,  143;  taxes  levied  by, 


INDEX 


217 


146;  problems  confronting,  161;  article  of 
Constitution  relative  to,  179-187;  first  ses- 
sion of,  205. 

General  property  tax,  146. 

Geological  Board,  data  relative  to,  103. 

Germans,  immigration  of,  to  Iowa,  11. 

Germany,  10. 

Gibson,  H.  D.,  208. 

Gillaspy,  George,  208. 

Glaciers,  work  of.  2,  3. 

Glenwood.  Institution  for  Feeble-minded 
Children  at,  91. 

Government,  functions  of,  94-95;  purpose  of, 
174;  location  of  seat  of,  203. 

Governor  (State),  power  of,  to  convene  and 
adjourn  legislature,  54,  79,  80;  approval 
and  veto  of  bills  by,  56.  182;  writs  of  elec- 
tion issued  by,  66;  title  of,  75;  election  and 
term  of  office  of,  73,  187-189;  oath  of  office 
of,  7S,  76;  law  of  succession  to,  76,  77; 
resignation  or  removal  of,  77;  qualifica- 
tions of,  77,  78,  188;  compensation  of,  78; 
powers  and  functions  of,  80,  84,  188,  190; 
recommendations  to  legislature  by,  78,  79; 
veto  power  of,  80;  appointing  power  of, 
80,  81;  removal  power  of,  81;  military 
power  of,  82,  170;  pardoning  power  of,  83; 
social  duties  of,  84:  relation  of,  to  execu- 
tive officers,  84;  reports  of  Auditor  to,  85; 
member  of  Executive  Council,  86;  officers 
appointed  by.  03.  105;  first  election  of,  204. 

Governor  (Territorial),  powers  and  duties  of, 
26.  27;  limitations  onjpower  of,  28. 

Gower.  Robert,  208. 

Grand  jury,  115,  193;  trial  by,  176. 

Gray,  H.  W.,  208. 

Great  Lakes.  13. 

Grimes.  Jam  esW.,  election  of,  as  Governor,  32. 

Grinnell,  in. 

Grosseilliers.  exploration  by,  14. 

Habeas  Corpus,  right  of,  guaranteed,  38, 176. 

Hall,  J.  C,  208. 

Hall  of  Archives,  8s. 

Harbor  Master,  133. 

Harris,  Amos,  208. 

Harrison,  William  Henry,  treaty  made  by,  17. 

Health,  Board  of,  81,  163,  164;  data  relative 

to.  100. 
Health,  protection  of  public,  163,  164. 
Health  Physician,  133. 
Hennepin,  Louis,  exploration  of  Mississippi 

by,  is- 
High  schools,  normal  courses  in,  157. 
Highway  Commission,  State,  data  relative 

to,  104;  reference  to,  168. 
Highways,  laws  relative  to,  ss;  regulation  of, 

119;  improvement  of,  167-168;  provision 

for,  184. 


Historical  Society,  Board  of  Curators  of 
State,  87;  data  relative  to,  99. 

Historical  Society,  State  activities  of,  158. 

Hollingsworth,  Jeremiah.  208. 

Horticultural  Society,  State,  107. 

Hotel  Inspector,  data  relative  to,  96. 

House  of  Commons,  special  power  of,  69,  70. 

House  of  Representatives  (State),  53;  num- 
ber of  members  of,  62;  basis  of  representa- 
tion in,  62,  63;  vacancies  in,  65,  66,  181; 
organization  and  officers  of,  68;  commit  tees 
in,  68,  69;  special  powers  of,  69,  70;  powers 
of,  180,  181;  quorum  of,  181;  adjournment 
of,  181. 

House  of  Representatives  (Territorial),  num- 
ber of  members  of,  27. 

Huguenots,  n. 

Idiots,  suffrage  denied,  44,  179. 

Illinois,  Indian  war  in,  8;  reference  to,  10. 

Illinois  Indians,  8,  14. 

Illinois  River,  14. 

Immigrants,  desire  of,  to  enter  Indian  coun- 
try, 8;  rush  of,  to  Iowa,  n. 

Impeachment,  182,  183. 

Incorporation  of  towns,  method  of,  130. 

Independence,  State  Hospital  for  Insane  at, 
91. 

Independent  districts,  153,  154;  powers  of, 
I54-I5S- 

Indeterminate  sentence,  166. 

Indiana,  10. 

Indiana  Territory,  Iowa  country  under  juris- 
diction of,  17. 

Indians,  Mound  Builders  displaced  by,  7; 
tribes  of,  in  Iowa,  8;  conflicts  with.  8;  land 
cessions  by,  8,  9;  dealings  of  Dubuque 
with,  9;  reference  to,  14;  treaty  with,  17; 
councils  of  Dragoons  with,  19;  prohibition 
of  settlement  on  lands  of,  23. 

Indictment,  right  of,  guaranteed,  176. 

Industrial  School  for  Boys,  91. 

Industrial  School  for  Girls,  gi. 

Inebriates,  State  Hospital  for,  91. 

Inheritance  taxes,  146. 

Initiative,  operation  of,  137. 

Insane,  State  Hospital  for,  gi. 

Insane  persons,  suffrage  denied,  44,  179. 

Institute  for  teachers,  157. 

Insurance,  supervision  of,  85. 

Insurrection,  methods  of  dealing  with,  170. 

Interstate  Commerce  Commission,  94. 

Iowa,  boundaries  of,  1,  173,  174;  physical 
features  of,  1-3;  work  of  glaciers  in,  2,  3; 
soil  of,  3;  resources  of,  3.  4;  railroads  of,  4; 
climate  of,  s;  character  of  population  of,  6; 
Mound  Builders  in,  6,  7;  Indian  tribes  in, 
8;  Indian  conflicts  in,  8;  first  white  settler 
in,  9;  permanent  settlement  of,  9,  10;  early 


2l8 


INDEX 


towns  in,  g,  10;  nativity  of  pioneers  of,  10; 
growth  of  population  of,  10,  u;  rush  of 
immigrants  to,  n;  ethnic  elements  in,  n, 
12;  romance  of  early  history  of,  13;  landing 
of  Marquette  and  Joliet  in,  14;  acquisition 
of,  by  United  States,  17;  early  govern- 
ments over,  18;  expedition  of  Dragoons 
through,  18,  19;  discovery  of,  19;  naming 
of,  19,  20;  admission  of,  20,  31;  first  Con- 
gressional survey  in,  23;  claim  clubs  in,  24; 
controversy  over  boundaries  for,  29,  30; 
inauguration  of  State  government  in,  31; 
regulations  relative  to  suffrage  in,  45; 
adoption  of  Australian  ballot  in,  46;  first 
school  teachers  in,  151,  152;  land  grants 
for  education  in,  152,  153;  change  in  char- 
acter of,  159;  change  in  boundaries  of,  203. 

Iowa,  Territory  of,  establishment  of,  20,  26; 
Organic  Act  of,  26,  27;  position  of  Gov- 
ernor of,  26,  27;  legislature  of,  27;  judiciary 
of,  27;  first  Governor  of,  27,  28;  amend- 
ments to  Organic  Act  of,  28;  public  educa- 
tion in,  151. 

Iowa  Academy  of  Sciences,  107. 

Iowa  City,  meeting  of  Constitutional  Con- 
vention at,  29,  30,  32;  State  Sanatorium 
near,  91;  State  University  at,  91,  203;  early 
school  at,  152;  State  Historical  Society  at, 
158;  reference  to,  207. 

Iowa  River,  Indians  on,  8;  reference  to,  14, 
20. 

Ioway  Indians,  8. 

Ireland,  10. 

Irish,  immigration  of,  to  Iowa,  11. 

Jefferson,  Thomas,  16. 

Jennings,  Berryman.isi. 

Johnson  County,  early  school  in,  152. 

Johnstone,  Edward,  208. 

Joliet  and  Marquette,  landing  of,  in  Iowa,  14. 

Jones,  F.  E.,  152. 

Journals  of  General  Assembly,  60. 

Judicial  Department,  109-115,  190-193. 

Judicial  Districts,  number  of,  no;  organiza- 
tion of,  192,  205. 

Jury,  trial  by,  guaranteed,  37,  173. 

Justice  Court,  trial  in,  38. 

Justice  of  Peace,  jurisdiction  and  powers  of, 
109,  no,  202;  reference  to,  127. 

Justices  of  Supreme  Court,  in,  113. 

Kentucky,  10. 

Keokuk,  9,  in;  commission  plan  of  govern- 
ment in,  13s. 
Keokuk  Reserve,  9. 
King  John,  3s. 
Knoxville,  Hospital  for  Inebriates  at,  91. 


Labor,  Commissioner  of,  81. 

Labor  legislation,  162,  163. 

Labor  Statistics,  Bureau  of,  data  relative  to, 

102. 
Labor  unions,  162. 
Lake  Superior,  14,  15. 
Land,  cessions  of,  by  Indians,  8,  9. 
Land  grants,  location  of,  203. 
Lander,  H.  F.,  23. 
Langworthy,  J.  L.,  23. 
La   Salle,   explorations  by,   is;   Mississippi 

Valley  claimed  for  France  by,  16. 
Law,  attitude  of  squatters  toward,  23;  due 

process  of,  37,  175;  interpretation  of,  109. 
Law  Examiners,  Board  of,  data  relative  to, 

100. 
Laws,  uniformity  of ,  36, 17s,  184;  prohibition 

of  local  or  special,  55,  184;  publication  of, 

60,  84,  183;  power  to  change,  141;  style  of, 

179;  taking  effect  of,  183,  184. 
Lea,  Albert  M.,  Notes  on  Wisconsin  Terri- 
tory by,  19.  20;  naming  of  Iowa  by,  19,  20; 

statement  by,  24. 
Lee  County,  19,  152. 
Legislative   Assembly,  composition  of,   27; 

powers  of,  27. 
Legislative  department,  article  in  Constitu- 
tion relative  to,  179,  187. 
Levy  of  taxes,  146. 
Lewis  and  Clark  Expedition,  17,  18. 
Library  Commission,  87;  data  relative  to, 

103. 
Library  Trustees,  Board  of,  data  relative  to, 

100. 
Lieutenant-Governor,  powers  and  duties  of, 

72,  73,  189,  190;  election  of,  75,  187,  188; 

Senate  presided  over  by,  76;  succession  of, 

to  governorship,  77;  first  election  of,  204. 
Linn  County,  63. 
Liquors,   intoxicating,   amendment   relative 

to,  41,  42,  178;  methods  of  regulating  sale 

of,  169. 
Live  stock,  value  of,  4. 
Loan  and  trust  companies,  supervision  of,  85. 
Local  government,  status  of,  116. 
Lotteries,  prohibition  of,  55,  184. 
Louisa  County,  landing  of  Marquette  and 

Joliet  in,  14. 
Louisiana,  District  of,  Iowa  as  part  of,  17. 
Louisiana,  mounds  in,  7;   basis  of  French 

claim  to,   is;  naming  of,   16;  change  in 

jurisdictions   over,    16;    purchase    of,    by 

United  States,  16,  17. 
Louisiana,   Territory   of,   Iowa  country   as 

part  of,  18. 
Lucas,   Robert,   remonstrance   against,    28; 

recommendations  of,  relative  to  statehood, 

28,  29. 
Lucas  Boundaries,  29. 


INDEX 


219 


McClain,  Emlin,  statement  by,  41. 

McPhceters,  James,  23. 

Magna  Charta,  35. 

Maine,  10. 

Man,  prehistoric,  6. 

Manufactures,  value  of  annual  product  of,  4. 

Markets,  Superintendent  of,  133. 

Marquette  and  Joliet,  landing  of,  in  Iowa, 
14. 

Marriage  licenses,  issuance  of,  122. 

Marshall,  81,  133,  170. 

Marshalltown,  Soldiers'  Home  at,  91. 

Martial  law,  effect  of,  40. 

Marvin,  A.  H.,  208. 

Massachusetts,  10. 

Mayflower  Compact,  22. 

Mayor,  81,  170;  election  of,  131,  135;  powers 
and  duties  of,  132,  133;  appointive  power 
of,  133;  veto  power  of,  133;  compensation 
of,  133;  primary  election  for,  135,  136; 
department  managed  by,  136. 

Mechanic  Arts,  State  College  of  Agriculture 
and,  02. 

Medical  Examiners,  Board  of,  data  relative 
to,  100. 

Meskwaki  Indians,  8. 

Message  of  Governor,  188. 

Michigan,  Territory  of,  Iowa  country  at- 
tached to,  18;  reference  to,  151. 

Military,  subordination  of,  38,  176. 

Military  power,  82. 

Militia,  169,  170;  commander-in-chief  of, 
188;   article  in   Constitution   relative  to, 

193.  i°4- 

Mills  County,  206. 

Mine  Inspectors,  81;  data  relative  to,  99. 

Mine  Inspectors,  State,  Board  of  Examiners 
for,  87;  data  relative  to,  99. 

Mineral  products,  annual  output  of,  4. 

Miners'  Compact,  22,  23. 

Minnesota,  1,  3,  19,  153;  Indians  in,  8. 

Mississippi  River,  1,  g,  174;  exploration  west 
of.  8;  struggle  for  country  west  of,  13;  dis- 
covery of,  13;  Radisson  and  Grosseilliers 
on,  14;  voyage  of  Marquette  and  Joliet 
down.  14.  15;  exploration  of,  by  Hennepin, 
is;  French  flag  unfurled  at  mouth  of,  16; 
control  of  commerce  of,  16;  expedition  of 
Pike  to  sources  of,  18. 

Mississippi  Valley,  importance  of,  to  world, 
1;  glaciers  in.  3;  Mound  Builders  in,  7;  ex- 
ploration of,  by  La  Salle,  15;  French  title 
to,  confirmed,  15,  16;  marches  of  Dragoons 
through,  18. 

Missouri,  1;  Indians  in,  8;  admission  of,  18, 
22;  northern  boundary  of,  173,  174. 

Missouri,  Territory  of,  Iowa  country  as  part 
of,  18. 


Missouri  Indians,  8. 

Missouri  River,  1,  30,  174;  exploration  of, 
by  Lewis  and  Clark,  17,  18. 

Mitchellville,  Industrial  School  at,  91. 

Mobs,  method  of  dealing  with,  170. 

Moingona  Indians,  14. 

Moneys  and  credits,  concealing  of,  147. 

Morals,  legislation  relative  to,  168,  i6g. 

Mound  Builders,  mounds  left  by,  7;  displace- 
ment of,  7. 

Mt.  Pleasant  Hospital  for  Female  Inebriates, 
91. 

Mt.  Pleasant,  State  Hospital  for  Insane  at,  91. 

Municipal  Accounting,  supervision  of,  85. 

Municipal  government,  129-140;  failure  of, 

134- 
Municipal  officers,  131,  134. 

Municipalities,  source  of  powers  of,  129; 
classification  of,  131,  132,  134;  incorpora- 
tion of,  130,  131;  powers  of,  131;  limit  on 
debts  of,  202,  203. 

Muscatine,  strike  at,  40. 

Napoleon  (Iowa),  9. 

Napoleon  Bonaparte,  Louisiana  sold  by,  16. 

Natural  resources,  preservation  of,  168. 

New  Boston,  10. 

New  Englanders,  settlement  of,  in  Iowa,  10. 

New  Hampshire,  10. 

New  Jersey,  10. 

New  York,  10,  41. 

Nicollet,  Jean,  exploration  of,  13,  14. 

Nicollet,  Jean  N.,  map  made  by,  174. 

Nicollet  Boundaries,  30. 

Nomination,  method  of  securing,  49,  51. 

Normal  courses  in  high  schools,  157. 

Normal  School,  State,  157. 

North  Carolina,  10. 

Northwest  Territory,  Ordinance  of,  41,  151. 

Norwegians,  immigration  of,  to  Iowa,  11. 

Oakdale,  State  Sanatorium  at,  91. 

Oaths  of  office,  59,  75,  76,  203. 

Oelwein,  in. 

Official  Register,  85. 

Ohio,  mounds  in,  7. 

Ohio  Valley,  loss  of,  by  France,  16. 

Oil  Inspectors,  81,  87;  data  relative  to,  97. 

Omaha  Indians,  8. 

Optometry  Examiners,  Board  of,  87;  data 

relative  to,  101. 
Ordinance  of  1787,  provision  for  education 

in,  151. 
Organic  Act  of  Territory  of  Iowa,  26-28. 
Orleans,  Territory  of,  17. 
Osage  Indians,  8. 
Oto  Indians,  8. 
Ottaway  Indians,  8. 


220 


INDEX 


Palmer,  D.  P.,  208. 

Pardoning  power,  83,  iSg. 

Park  Commissioners,  136. 

Parks  and  Public  Property,  Superintendent 

of,  136- 
Parole,  Board  of,  81,  83,  87;  data  relative  to, 

101. 
Parvin,  J.  A.,  208. 
Patterson,  William,  208. 
Pella,  settlement  of,  II. 
Penalties  for  crime  and  offenses,  165. 
Penitentiary  at  Ft.  Madison,  gi. 
Pennsylvania,  10. 
People,  relation  of,  to  government,  144,  170, 

174;   question   of  debt   referred  to,   195; 

submission  of  Constitution  to,  205,  206; 

submission  of  amendment  to,  206. 
Perry,  in. 

Personal  security,  guarantee  of,  37. 
Persons,    rights    of,    36,    174;    changing    of 

names  of,  55,  184. 
Peters,  John  H.,  208. 
Petition,  right  of,  40,  177. 
Pharmacy,  Commission  of,  87;  data  relative 

to,  102. 
Physiography,  importance  of,  1. 
Pike,  Zebulon  Montgomery,  expedition  of, 

18. 
Pioneers,   preference  of,  for  woodlands,   2; 

birthplaces  of,  10. 
Police  force,  81,  169,  170. 
Police  Judge,  134. 
Political  party,  definition  of,  48;  machinery 

of,  48,  49;  legalizing  of,  51. 
Political  power,  location  of,  174. 
Polk,  James  K.,  bill  for  admission  of  Iowa 

signed  by,  31. 
Polk  County,  63. 
Poll  tax,  146. 

Polling  places,  location  of,  119. 
Poor,  care  of,  119,  127. 
Population,  growth  of,  10,  n. 
Port  Wardens,  133. 
Posse  comitates,  170. 
Pottawattamie  County,  63. 
Pottawattamie  Indians,  8. 
Powers,  distribution  of,  179. 
Prairie  du  Chien,  23. 
Prairies,  prominence  of,  in  Iowa,  2. 
Preamble,  significance  of,  33;  text  of,  173. 
President  of  United  States,  Territorial  offi- 
cers appointed  by,  27. 
President  pro  tempore  of  Senate,  succession 

of,  to  governorship,  77. 
Press,  freedom  of,  37,  175. 
Price,  D.  W.,  208. 
Primary   Election,   law   relative  to,   49-51; 

time  and  manner  of  holding,  50,  51. 
Printer,  State,  87;  data  relative  to,  104. 


Private  institutions.  State  aid  to,  107. 

Procedure,  rules  of,  59. 

Property,  listing  of,  for  taxation,  146;  under- 
valuation of,  147. 

Prosecutors,  public.  113;  duty  of,  114,  115. 

Public  Affairs,  Superintendent  of,  136. 

Public  Money,  statement  of  receipts  and  ex- 
penditures of,  61,  182. 

Public  Safety,  Superintendent  of,  136. 

Public  squares,  vacating  of,  55,  184. 

Punishment,  prohibition  of  unusual,  39,  176; 
kinds  of,  165. 

Radisson,  exploration  by,  14. 

Railroad  Commissioners,  Board  of,  powers 
and  duties  of,  93;  office  supplementary  to, 
94;  appointment  of,  94. 

Railroads,  miles  of,  in  Iowa,  4;  regulation  of, 
93,  95- 

Rate  of  taxation,  146,  147. 

Recall,  operation  of,  in  cities,  136,  137. 

Referendum,  operation  of,  137. 

Reformatories  at  Anamosa,  91. 

Registration  of  voters,  46. 

Religion,  freedom  of,  36,  174,  175. 

Removal,  power  of,  81. 

Rents,  reservation  of,  41,  178. 

Reporter  of  Supreme  Court,  113. 

Representation,  ratio  of,  186,  187. 

Representative  Districts,  55. 

Representatives,  number  of,  62;  election  of, 
63,  180;  qualifications  of,  63,  6s,  180;  dis- 
qualifications of,  65,  183;  compensation  of, 
66,  67,  183;  privileges  of,  67,  181;  appor- 
tionment of,  185,  186;  first  election  of,  204. 

Revenue,  reports  relative  to,  85;  amount  of, 
annually,  86. 

Revenue  bills,  origin  of,  70. 

Revolution,  right  of,  36. 

Rights,  obtaining  of,  35;  guarantee  of,  in 
Constitution,  36-42,  174,  178;  sources  of, 
42. 

Rights  retained,  41,  178. 

Riots,  methods  of  dealing  with,  170. 

Road  improvement  districts,  119. 

Road  tax,  146. 

Roads,  location  of,  55;  repairing  of,  127; 
improvement  of,  167,  168;  provision  for, 
184;  vacating  of,  184. 

Robinson,  M.  W.,  208. 

Sac  Indians,  6. 

Saint  Anthony,  Falls  of,  naming  of,  15. 

St.  Louis,  Indian  treaty  at,  17;  reference  to, 
18. 

Saline  Land  Grant,  153. 

Sanatorium  for  the  Treatment  of  Tuberculo- 
sis, 90,  91. 

Saunders,  Thomas  J., 


208. 


INDEX 


221 


Schedule  in  Constitution,  203-208. 

School  board,  153,  154. 

School  fund,  apportionment  of,  83;  control 
of,  in  counties,  119;  reference  to,  153;  losses 
to,  194;  provisions  of  Constitution  relative 
to,  200,  201. 

School  lands,  152,  153,  200,  201. 

School  laws,  need  of  reform  in,  156. 

School  system,  151,  160;  lack  of  coordina- 
tion in,  154. 

School  townships,  153,  154. 

Schools,  private,  151,  152;  system  of  com- 
mon, 153,  154.  log- 

Scoles,  Samuel  H.,  23. 

Scotch-Irish,  11. 

Scotland,  10. 

Scott,  Alpheus,  208. 

Scott  County,  63. 

Seal  of  the  State  of  Iowa,  keeper  of,  78,  190. 

Search  and  seizure,  freedom  from,  37,  175. 

Seat  of  Government,  Commission  to  Locate, 
106. 

Secretary  of  State,  nomination  papers  filed 
with,  50,  51;  reference  to,  58,  190,  204; 
laws  published  by,  60;  powers  and  duties 
of,  84,  85;  member  of  Executive  Council, 
86. 

Security,  guarantee  of,  175. 

Seeley,  Thomas,  208. 

Senate.  53;  chief  features  of,  71;  composition 
of,  71;  contested  elections  in,  72;  organiza- 
tion and  officers  of,  72,  73;  vacancies  in,  72, 
181;  procedure  in,  73;  committees  in,  73, 
74;  special  powers  of,  74;  appointments 
sanctioned  by,  81;  powers  of,  180,  181; 
quorum  of,  181;  adjournments  of,  181; 
president  of,  189. 

Senatorial  Districts,  55. 

Senators,  number  of,  71;  election  and  term 
of,  71,  72,  180;  qualifications  of,  72,  180; 
compensation  of.  72,  183;  privileges  of,  72, 
181;  classification  of.  180,  disqualifications 
of,  183;  apportionment  of,  185,  186;  first 
election  of,  204. 

Separation  of  powers,  53. 

Settlers,  coming  of,  to  Iowa,  9;  nationality 
of,  11,  12. 

Shambaugh,  Benjamin  F.,  statement  by,  23. 

Shenandoah,  11 1. 

Sheriff,  see  County  Sheriff. 

Short  ballot,  advantage  of,  137,  138. 

Sioux  City,  17;  commission  plan  of  govern- 
ment in,  133. 
Sioux  County,  128,  147. 
Sioux  Indians,  tribes  of,  8. 
Sisseton  Indians,  8. 
Sixteenth  Section  Grant,  152. 
Skiff,  Harvey  J.,  208. 
Slavery,  prohibition  of,  41,  178. 


Slavs,  immigration  of,  to  Iowa,  11. 

Social  legislation,  161-171. 

Snils,  making  of,  3. 

Soldiers,  quartering  of,  prohibited,  38,  176; 
suffrage  denied.  44.  170;  voting  by,  during 
war,  47;  burial  of  indigent,  119;  exemption 
of,  from  taxation,  148. 

Soldiers'  Home,  91. 

Soldiers'  Orphans'  Home,  91. 

Solomon,  D.  H.,  208. 

Southerners,  settlement  of  Iowa  by,  10. 

Sovereignty,  location  of,  174. 

Spain,  13;  territory  gained  by,  16;  Louisiana 
receded  to  France  by,  16. 

Spanish  land  grants,  9. 

Speaker  of  the  House,  powers  and  duties  of, 
68;  succession  of,  to  governorship,  77. 

Specie  payments,  suspension  of,  197. 

Speech,  freedom  of,  37,  173. 

Spirit  Lake  Massacre,  8. 

Springer,  Francis,  208. 

Squatter  governments,  22. 

Squatters,  attitude  of,  toward  law,  23;  char- 
acter of,  23,  24. 

State,  limitation  on  power  of,  40,  44;  limita- 
tion upon  debts  of,  56;  claims  against,  83. 

State  Fair,  159. 

State  Government,  inauguration  of,  31. 

State  Institutions,  Board  of  Control  of,  81. 

State  Librarian,  81. 

State  officers,  number  of  signers  necessary  for 
nomination  of,  49,  50;  impeachment  of,  77; 
appointment  of,  88. 

Statehood,  first  steps  toward,  28,  29. 

Stock  Breeders'  Association,  Improved,  107. 

Street  Commissioner,  133. 

Streets,  vacating  of,  55,  184. 

Streets  and  Public  Improvements,  Superin- 
tendent of,  136. 

Style  of  laws,  179. 

Succession,  law  of,  76,  77. 

Suffrage,  difference  between  citizenship  and, 
43;  right  of  States  to  regulate,  44;  quali- 
fications for,  44;  disqualifications  for.  44; 
right  of,  178,  179;  amendment  to  Consti- 
tution, relative  to,  206. 

Superintendent  of  Indian  Affairs,  27. 

Superintendent  of  Public  Instruction,  124; 
powers  and  duties  of,  134,  155. 

Superior  Courts,  powers  and  jurisdiction  of, 
in,  112;  establishment  of,  134. 

Supervisors,  Board  of ,  81,  117,  118,  119,  164; 
election  and  meetings  of,  117,  118;  powers 
and  duties  of,  118,  119;  establishment  of 
townships  by.  126,  127;  taxes  levied  by, 
146;  equalization  of  assessments  by,  148. 

Supreme  Court,  oath  of  office  administered 
by  justice  of,  76;  impeachment  of  judge; 


222 


INDEX 


of,  77;  reference  to,  87;  functions  and  juris- 
diction of,  112, 113;  judges  of,  190;  election 
of  judges  of,  190,  191;  jurisdiction  of,  191; 
salaries  of,  191;  first  election  of  judges  of, 
205. 

Supreme  Court  (Territorial),  composition  of, 
27. 

Survey,  first,  in  Iowa,  23. 

Swamp  Land  Grant,  153. 

Swedes,  immigration  of,  to  Iowa,  n. 

Tama  County,  Indians  in,  8. 

Tax  Commission,  purpose  of,  106,  107. 

Taxation,  listing  of  property  for,  128,  146, 
147;  justification  for,  145;  difficulty  of 
problem  of,  145,  146;  process  of,  146;  ex- 
emptions from,  148;  rate  of,  148,  149;  need 
of  reform  in,  149,  150. 

Taxes,  laws  relative  to,  55;  equalization  of, 
127;  kinds  of,  146;  collection  of,  149; 
assessment  and  collection  of,  184. 

Taylor,  Zachary,  23. 

Teachers,  training  of,  157. 

Teachers'  Association,  State,  107. 

Teachers'  College,  State,  92,  157,  158. 

Tennessee,  10. 

Territorial  Governor,  26.  27. 

Territorial  Judiciary,  27. 

Territorial  Legislature,  27. 

Todhunter,  Lewis,  208. 

Town  plats,  vacating  of,  55,  184. 

Towns,  founding  of,  in  Iowa,  9,  10;  incor- 
poration of,  55,  184;  limitation  upon  debts 
of,  56;  government  of,  129-140;  popula- 
tion of,  131;  officers  of,  133. 

Township  clerk,  127. 

Township  officers,  resignation  of ,  119;  list  of, 
127;  powers  and  duties  of,  127,  128. 

Township  Trustees,  127,  164;  duty  of,  127; 
taxes  levied  by,  146;  equalization  of  assess- 
ments by,  148. 

Townships,  establishment  of,  118,  126,  127; 
government  of,  126-128;  powers  of,  127; 
elements  lacking  in  government  of,  129. 

Traer,  J.  C,  208. 

Treason,  definition  of,  38,  39,  176. 

Treasurer  (Municipal),  131,  133. 

Treasurer  of  State,  powers  and  duties  of,  85, 
86;  member  of  Executive  Council,  86;  ref- 
erence to,  190,  204. 

Trial,  freedom  from  second,  38;  right  of,  175. 

Tuberculosis,  State  Sanitorium  for  the  Treat- 
ment of,  90,  91. 


United  States,  land  grants  confirmed  by,  9; 
acquisition  of  Iowa  by,  17. 

United  States  Senator,  nomination  of,  50; 
appointment  of,  81. 

University,  State,  92,  igg;  School  of  Educa- 
tion at,  158;  location  of,  203. 

University  Grant,  153. 

Urn,  E.  M.,  23. 

Vacancies,  filling  of,  203. 

Van  Buren,  Martin,  20. 

Vermont,  10. 

Veterinary  Surgeon,  State,  87;  data  relative 

to,  98. 
Veto  power,  80,  182. 
Vinton,  College  for  Blind  at,  93. 
Virginia,  10. 
Vital   Statistics,   State   Registrar   of,   data 

relative  to,  104. 
Vote,  right  to,  43. 
Voting,  duty  of,  45;  methods  of,  46. 
Voting  Machine  Commissioners,  Board  of, 

data  relative  to,  101. 

Wabasha,  visit  of  Dragoons  at  village  of,  19. 

Wapello  County,  63. 

War  debts,  194,  195. 

Ward,  Duren  J.  H..  statement  by,  7. 

Warren,  William  H.,  208. 

Ways  and  Means,  Committee  on,  69. 

Weather  and  Crop  Service,  Director  of,  87; 

data  relative  to,  96. 
Webster  County,  128,  147. 
Weights  and  Measures,  data  relativt  to,  96. 
Weld,  Laenas  G.,  statement  by,  14. 
Whigs,  victory  of,  in  1854,  32. 
White,  Dr.,  statement  by,  2. 
William  and  Mary,  Bill  of  Rights  signed  by, 

35- 
Wilson,  James  F.,  208. 
Winchester,  S.  G.,  208. 
Winnebago  Indians,  8. 
Wisconsin,  mounds  in,  7;  Indian  war  in,  8. 
Wisconsin,  Territory  of,  Iowa  country  as  part 

of,  20;  reference  to,  151. 
Wisconsin  River,  exploration  of,  by  Nicollet, 

14. 
Women,  efforts  to  extend  suffrage  to,  44; 

rights  of,  in  school  elections,  44;  offices 

open  to,  121,  124. 
Woodbury  County,  63. 
Wright  County,  128,  147. 

Young,  James  A.,  208. 


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